§ 361. Cost on conviction--Assignment to other duties
Oklahoma Statutes AnnotatedTitle 57. Prisons and Reformatories
57 Okl.St.Ann. § 361
§ 361. Cost on conviction--Assignment to other duties
From and after the effective date of this Act, each Justice of the Peace, Superior Court, Court of Common Pleas, District Court, and any other Court of record, within the State of Oklahoma, shall, upon the conviction of any person, firm or corporation, for the violation of any State law, whether the same be a misdemeanor or felony, in addition to all other Court costs, assess the additional sum of One Dollar ($1.00) costs against the defendant, which sum shall be collected as all other Court costs are collected and transmitted quarter-annually by the various Court Clerks for all Courts of record, and by the County Treasurers for all Justice of the Peace Courts, to the State Treasurer, who shall deposit the same in a special fund designated as “The Parole Fund”. The Parole Fund, as the same accrues, is hereby appropriated to the Pardon and Parole Board, without fiscal year limitation, for its use in defraying the salaries and expenses of the Pardon and Parole Officer and his assistants. The State Parole Fund shall be revolving and nonfiscal and payments therefrom shall be made in the same manner as payments are made from other appropriations to the Pardon and Parole Board, or Pardon and Parole Officer.
Credits
Laws 1949, p. 384, § 1.
<Laws 1949, p. 384, §§ 1 tp 4. constitution Title 57, §§ 361 to 364, was declared invalid by the Criminal Court of Appeals, in Ex parte Coffelt, 228 P.2d 199, on the grounds that the assessment was not a proper item to be charged as costs, its collection was violative of the constitutional division of powers making the courts a coequal branch of government with the legislative and executive department, and it violated the spirit of § 6, art. 2 of the Constitution, providing that the courts of the state shall be open to every person, and that right and justice shall be administered without sale, denial, delay or prejudice. In this case the Criminal Court of Appeals said ‘‘In our opinion House Bill No. 492, Session Laws 1949 is therefore void.’’ >
<Unclaimed balances in the fund were declared forfeited and transferred to the state’s General Revenue Fund, and unclaimed balances in the custody of county treasurers were transferred to the county’s General Fund by Laws 1953, p. 232, § 1. Section 2 provided that the act should be of no force or effect after June 30, 1955. >
57 Okl. St. Ann. § 361, OK ST T. 57 § 361
Current with emergency effective legislation through Chapter 277 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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