Okla. Stat. tit. 22, § 1404
Penalty for Violation - Authority to Institute Proceedings
Effective Jun 19, 1998Laws 1988, SB 127, c. 131, § 4, eff. November 1, 1988; Amended by Laws 1997, HB 1213, c. 133, § 440 (effective date changed July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available).
- A. Any person convicted of violating any provision of Section 1403 of this title shall be guilty of a felony and shall not be eligible for a deferred sentence, probation, suspension, work furlough, or release from confinement on any other basis until the person has served one-half (1/2) of his or her sentence. A violation of each of the provisions of Section 1403 of this title shall be a separate offense.
- B. In lieu of the fine authorized by the Oklahoma Corrupt Organizations Prevention Act, any person convicted of violating any provision of Section 1403 of this title, through which he derived pecuniary value, or by which he caused personal injury, or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property ordered forfeited pursuant to the provisions of subsection A of Section 1405 of this title. The district court shall hold a separate hearing to determine the amount of the fine authorized by the provisions of this subsection. Any fine imposed, either pursuant to this section or Section 1405 of this title shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment.
- C. No person shall institute any proceedings, civil or criminal, pursuant to the provisions of this act, except the Attorney General, any district attorney or any district attorney appointed under the provisions of Section 215.9 of Title 19 [19-215.9] of the Oklahoma Statutes.
Laws 1988, SB 127, c. 131, § 4, eff. November 1, 1988; Amended by Laws 1997, HB 1213, c. 133, § 440 (effective date changed July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available).