Oklahoma § 28-153 - Costs in criminal cases

§ 28-153. Costs in criminal cases

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

Oklahoma Statutes - Title 28. Fees

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

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

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 - Title 28. Fees

Oklahoma Statutes,

whichever is

greater, or

b.

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

actual, necessary

expenses, whichever

is greater

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

through 6 of subsection A of this section, the sum of Six Dollars

($6.00) shall be assessed and credited to the Law Library Fund

pursuant to Section 1201 et seq. of Title 20 of the Oklahoma

Statutes.

C. In addition to the amount collected pursuant to subsection A

of this section, the sum of Twenty Dollars ($20.00) shall be

assessed and collected in every traffic case for each offense other

than for driving under the influence of alcohol or other

intoxicating substance; the sum of Thirty Dollars ($30.00) shall be

assessed and collected in every misdemeanor case for each offense;

the sum of Thirty Dollars ($30.00) shall be assessed and collected

in every misdemeanor case for each offense for driving under the

influence of alcohol or other intoxicating substance; the sum of

Fifty Dollars ($50.00) shall be assessed and collected in every

felony case for each offense; and the sum of Fifty Dollars ($50.00)

shall be assessed and collected in every felony case for each

offense for driving under the influence of alcohol or other

intoxicating substance.

D. In addition to the amounts collected pursuant to subsections

A and B of this section, the sum of Twenty-five Dollars ($25.00)

shall be assessed and credited to the Oklahoma Court Information

System Revolving Fund created pursuant to Section 1315 of Title 20

of the Oklahoma Statutes.

E. In addition to the amount collected pursuant to paragraphs 1

through 6 of subsection A of this section, the sum of Ten Dollars

($10.00) shall be assessed and credited to the Sheriff’s Service Fee

Account in the county in which the conviction occurred for the

purpose of enhancing existing or providing additional courthouse

security.

F. In addition to the amounts collected pursuant to paragraphs

1 through 6 of subsection A of this section, the sum of Three

Dollars ($3.00) shall be assessed and credited to the Office of the

Attorney General Victim Services Unit.

G. In addition to the amounts collected pursuant to paragraphs

1 through 6 of subsection A of this section, the sum of Three

Dollars ($3.00) shall be assessed and credited to the Child Abuse

Multidisciplinary Account. This fee shall not be used for purposes

of hiring or employing any law enforcement officers.

Oklahoma Statutes - Title 28. Fees

H. Prior to conviction, parties in criminal cases shall not be

required to pay, advance, or post security for the issuance or

service of process to obtain compulsory attendance of witnesses.

I. The amounts to be assessed as court costs upon filing of a

case shall be those amounts above-stated in paragraph 3 or 4 of

subsection A and subsections B, C, D and E of this section.

J. The fees collected pursuant to this section shall be

deposited into the court fund, except the following:

1. A court clerk issuing a misdemeanor warrant is entitled to

ten percent (10%) of the sheriff’s service fee, provided for in

paragraph 9 of subsection A of this section, collected on a warrant

referred to the contractor for the misdemeanor warrant notification

program governed by Sections 514.4 and 514.5 of Title 19 of the

Oklahoma Statutes. This ten-percent sum shall be deposited into the

issuing Court Clerk’s Revolving Fund, created pursuant to Section

220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing

the warrant with the balance of the sheriff’s service fee to be

deposited into the Sheriff’s Service Fee Account, created pursuant

to the provisions of Section 514.1 of Title 19 of the Oklahoma

Statutes, of the sheriff in the county in which service is made or

attempted. Otherwise, the sheriff’s service fee, when collected,

shall be deposited in its entirety into the Sheriff’s Service Fee

Account of the sheriff in the county in which service is made or

attempted;

2. The sheriff’s fee provided for in Section 153.2 of this

title;

3. The witness fees paid by the district attorney pursuant to

the provisions of Section 82 of this title which, if collected by

the court clerk, shall be transferred to the district attorney’s

office in the county where witness attendance was required. Fees

transferred pursuant to this paragraph shall be deposited in the

district attorney’s maintenance and operating expense account;

4. The fees provided for in subsection C of this section shall

be forwarded to the District Attorneys Council Revolving Fund to

defray the costs of prosecution; and

5. The following amounts of the fees provided for in paragraphs

2, 3, 5 and 6 of subsection A of this section, when collected, shall

be deposited in the Trauma Care Assistance Revolving Fund, created

pursuant to the provisions of Section 1-2530.9 of Title 63 of the

Oklahoma Statutes:

a.

Ten Dollars ($10.00) of the ninety-eight-dollar fee

provided for in paragraph 2 of subsection A of this

section,

b.

Ten Dollars ($10.00) of the ninety-three-dollar fee

provided for in paragraph 3 of subsection A of this

section,

Oklahoma Statutes - Title 28. Fees

c.

One Hundred Dollars ($100.00) of the four-hundredthirty-three-dollar fee provided for in paragraph 5 of

subsection A of this section, and

d.

One Hundred Dollars ($100.00) of the four-hundredthirty-three-dollar fee provided for in paragraph 6 of

subsection A of this section.

K. 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 judgment or suspended

sentence.

L. A court clerk may accept in payment for any fee, fine,

forfeiture payment, cost, penalty assessment or other charge or

collection to be assessed or collected by a court clerk pursuant to

this section a nationally recognized credit card or debit card or

other electronic payment method as provided in paragraph 1 of

subsection B of Section 151 of this title.

M. Upon receipt of payment of fines and costs for offenses

charged prior to July 1, 1992, the court clerk shall apportion and

pay Thirteen Dollars ($13.00) per conviction to the court fund.

Added by Laws 1968, c. 359, § 3, eff. July 1, 1968. Amended by Laws

1969, c. 202, § 2, emerg. eff. April 18, 1969; Laws 1971, c. 105, §

3, eff. Oct. 1, 1971; Laws 1973, c. 147, § 2, emerg. eff. May 14,

1973; Laws 1975, c. 293, § 4, eff. Oct. 1, 1975; Laws 1978, c. 212,

§ 11, eff. July 1, 1978; Laws 1983, c. 273, § 10, operative July 1,

1983; Laws 1984, c. 268, § 4, eff. Nov. 1, 1984; Laws 1986, c. 8, §

1, emerg. eff. March 17, 1986; Laws 1986, c. 242, § 2, emerg. eff.

June 12, 1986; Laws 1987, c. 181, § 4, eff. July 1, 1987; Laws 1990,

c. 151, § 1; Laws 1991, c. 238, § 30, eff. July 1, 1991; Laws 1992,

c. 303, § 27, eff. July 1, 1992; Laws 1992, c. 357, § 11, eff. July

1, 1992; Laws 1993, c. 227, § 7, eff. July 1, 1993; Laws 1994, c.

229, § 8, eff. Sept. 1, 1994; Laws 1995, c. 193, § 5, eff. July 1,

1995; Laws 1995, c. 286, § 10, eff. July 1, 1995; Laws 1996, c. 339,

§ 10, eff. Nov. 1, 1996; Laws 1999, c. 408, § 2, eff. Nov. 1, 1999;

Laws 2000, c. 6, § 8, emerg. eff. March 20, 2000; Laws 2001, c. 404,

§ 7, eff. Nov. 1, 2001; Laws 2003, c. 474, § 6, eff. Nov. 1, 2003;

Laws 2004, c. 5, § 23, emerg. eff. March 1, 2004; Laws 2004, c. 525,

§ 4, eff. July 1, 2004; Laws 2005, c. 1, § 31, emerg. eff. March 15,

2005; Laws 2005, c. 208, § 4, eff. Nov. 1, 2005; Laws 2006, c. 16, §

8, emerg. eff. March 29, 2006; Laws 2006, c. 195, § 2, eff. Nov. 1,

2006; Laws 2007, c. 1, § 18, emerg. eff. Feb. 22, 2007; Laws 2007,

c. 247, § 3, eff. July 1, 2007; Laws 2008, c. 3, § 21, emerg. eff.

Feb. 28, 2008; Laws 2016, c. 172, § 4, eff. Nov. 1, 2016; Laws 2016,

c. 389, § 1, eff. July 1, 2016; Laws 2022, c. 237, § 2, eff. July 1,

2022; Laws 2025, c. 305, § 5, eff. Nov. 1, 2025.

NOTE: Laws 1990, c. 109, § 3 repealed by Laws 1991, c. 238, § 37,

eff. July 1, 1991. Laws 1999, c. 359, § 7 repealed by Laws 2000, c.

6, § 33, emerg. eff. March 20, 2000. Laws 2003, c. 440, § 6

Oklahoma Statutes - Title 28. Fees

repealed by Laws 2004, c. 5, § 24, emerg. eff. March 1, 2004. Laws

2004, c. 386, § 2 repealed by Laws 2005, c. 1, § 32, emerg. eff.

March 15, 2005. Laws 2004, c. 451, § 1 repealed by Laws 2005, c. 1,

§ 33, emerg. eff. March 15, 2005. Laws 2005, c. 102, § 1 repealed

by Laws 2005, c. 208, § 5, eff. Nov. 1, 2005. Laws 2005, c. 192, §

5 repealed by Laws 2006, c. 16, § 9, emerg. eff. March 29, 2006.

Laws 2006, c. 61, § 6 repealed by Laws 2007, c. 1, § 19, emerg. eff.

Feb. 22, 2007. Laws 2007, c. 199, § 3 repealed by Laws 2008, c. 3,

§ 22, emerg. eff. Feb. 28, 2008.