§ 11-28-102. Jurisdiction of criminal court of record - Jury trial - Maximum punishment - Double jeopardy.

A.  The municipal criminal courts of record shall have original jurisdiction to hear and determine all prosecutions when a violation of any of the ordinances of the city where the court is established is charged, as provided by Article VII, Section 1 of the Oklahoma Constitution.

B.  In cases when the penalty provided for the violation of an ordinance is a fine in the amount of more than Five Hundred Dollars ($500.00), excluding court costs, or by imprisonment, or by both such fine and imprisonment, all persons charged before such municipal criminal court of record shall be entitled to a trial by jury, unless waived by the defendant.  Judgment and sentence imposed by the judge shall be as effective as if the same had been rendered and imposed by a jury.

C.  The maximum punishment that may be levied in any municipal criminal court of record is a fine not exceeding One Thousand Two Hundred Dollars ($1,200.00) and costs, an imprisonment not to exceed six (6) months, or both such fine and imprisonment.  Provided, the maximum punishment that may be levied in any municipal criminal court of record for violations of municipal traffic ordinances not including ordinances relating to driving a motor vehicle under the influence of alcohol or drugs is a fine not exceeding One Thousand Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not to exceed ninety (90) days, or both such fine and imprisonment.  If a fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed for an alcohol-related or drug-related traffic offense, the amount in excess of Seven Hundred Fifty Dollars ($750.00) shall be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic-related offenses involving alcohol or other intoxicating substances.  Provided, further that any municipal criminal court of record may levy a fine not to exceed One Thousand Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6) months, or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.  Provided, further, that for violations of municipal ordinances relating to prostitution, including but not limited to engaging in prostitution or soliciting or procuring prostitution, any municipal criminal court of record in cities with more than two hundred thousand (200,000) in population may levy an imprisonment not to exceed six (6) months, and fines as follows:  a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any such ordinances, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such ordinances, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such ordinances, or both such fine and imprisonment, as well as a term of community service of not less than forty (40) nor more than eighty (80) hours.  If imprisonment is available for the offense, then that person charged shall have a right to a jury trial.

D.  A defendant who has been in jeopardy for the same or any lesser included offense in the municipal criminal court of record or district court shall not be prosecuted in any other court for the same or a lesser included offense.

Added by Laws 1977, c. 256, § 28-102, eff. July 1, 1978.  Amended by Laws 1982, c. 157, § 5; Laws 1983, c. 293, § 5, operative Oct. 1, 1983; Laws 1990, c. 141, § 2, eff. Sept. 1, 1990; Laws 1995, c. 61, § 3, eff. Nov. 1, 1995; Laws 1995, c. 198, § 1, eff. Nov. 1, 1995; Laws 1997, c. 51, § 1, eff. Nov. 1, 1997; Laws 1998, c. 234, § 2, eff. Nov. 1, 1998; Laws 1999, c. 217, § 3, eff. Nov. 1, 1999; Laws 2002, c. 120, § 6, emerg. eff. April 19, 2002; Laws 2004, c. 173, § 6, eff. Nov. 1, 2004; Laws 2006, c. 61, § 4, eff. July 1, 2006; Laws 2007, c. 1, § 14, emerg. eff. Feb. 22, 2007.

Note

NOTE:  Laws 2006, c. 38, § 2 repealed by Laws 2007, c. 1, § 15, emerg. eff. Feb. 22, 2007.