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ENGROSSED HOUSE
BILL NO. 2225 By: Moore of the House
and
Weaver of the Senate
An Act relating to cities and towns; amending 11 O.S.
2011, Section 34-104, as amended by Section 1,
Chapter 166, O.S.L. 2012 (11 O.S. Supp. 20 20, Section
34-104), which relates to disposition of property or
money; modifying process for disposing of certain
property or money; specifying certain notice is
required; determining whether property was seized in
connection to criminal investigation; specifying
entity that shall file certain application; modifying
required hearing timeline; modifying certain notice
requirements; specifying entity to dispose of
property; clarifying process involving sale or
donation to third parties; authorizing transfer of
certain currency; directing certain processes for
disposition of property under other circumstances;
authorizing certain notice; providing notice not
required for property of certain value; providing
that notice is effective under certain circumstances;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2011, Section 34 -104, as
amended by Section 1, Chapter 166, O.S.L. 2012 (11 O.S. Supp. 20 20,
Section 34-104), is amended to rea d as follows:
Section 34-104. A. Any chief of police or designee is
authorized to dispose of personal property or money or legal tender
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as provided in this section or the charter ordinances of the
municipality, which has come into the possession of the chief of
police in any manner department of the municipality if:
1. The owner of the personal property or money or legal tender
is unknown or has not claimed the property after any required
notice;
2. The property or money or legal tender has been in the
custody of the chief of police for at least ninety (90) days; and
3. The property or money or legal tender or any part thereof is
no longer needed to be held as evidence or for any other purpose in
connection with any litigation. In the event the propert y, money or
legal tender was seized by the police department in connection with
a criminal investigation or arrest, this determination shall be made
by the court which has jurisdiction over the criminal offense, if an
information or indictment is pending, pursuant to Section 1321 of
Title 22 of the Oklahoma Statutes, or by a prosecuting authority if
charges have been disposed of or have been declined.
B. The chief of police shall municipality may file an
application in the district court in which the situs of government
of the municipality is located requesting the authority of the court
to conduct a sale of the personal property which has a fair market
value of more than its face value . The chief of police shall attach
to the application shall contain a list describing the property
including any identifying numbers and marks , the date the property
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came into the possession of the chief of police municipality, and
the name of the owner and the person in last possession, if
different, and the address of the p erson, if known. The court shall
set the application for hearing not less than ten (10) fifteen (15)
days nor more than twenty (20) days after filing of the application.
C. In any instance where the property has an actual or apparent
value of more than T wo Hundred Fifty Dollars ($250.00), at least ten
(10) eleven (11) days prior to the date of the hearing, written
notice of the hearing shall be sent by first -class mail, postage
prepaid, to each owner and person last in possession of the property
at the address as listed in the application. If the owner of any
property with an actual or apparent value exceeding Five Hundred
Dollars ($500.00) is unable to be served written notice by first -
class mail, notice shall be provided by one publication at least
three (3) days prior to the hearing in a newspaper of general
circulation in the county where the property is in custody. The
notice shall contain a brief description of the property of the
owner and the place and date of the hearing and a description of the
property, or the location of a list available for review during
business hours in which the property is described and any known
owner identified. The notice shall be posted at the assigned place
for the posting of municipal notices, and at two other publi c places
in the municipality.
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D. If no owner appears and establishes ownership to the
property at the hearing, the court shall enter an order authorizing
the chief of police municipality to dispose of the property as
follows:
1. Donate the property havin g value of less than Five Hundred
Dollars ($500.00) to a not -for-profit corporation as defined in
Title 18 of the Oklahoma Statutes for use by needy families;
2. Sell the personal property for cash to the highest bidder,
after at least five (5) days ' notice of the sale has been published;
3. Transfer the property to a third -party agent under contract
with the governing body of the chief of police municipality for sale
by Internet or other electronic means, regardless of whether the
sale structure or distr ibution site is within the State of Oklahoma;
or
4. By any other means as determined appropriate by the court,
including but not limited to, destruction.
Regardless of If the means of disposition involve a sale or
donation to the third party , the chief of police or designee shall
make a return of the donation or sale and the order of the court
confirming the donation or sale shall vest title to the property in
the recipient or purchaser. After payment of court costs and other
expenses, the remainder of mo ney received from the sale of the
personal property shall be deposited in the municipal general fund.
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E. All money or legal tender which has come into the possession
of the chief of police municipality pursuant to the circumstances
provided for in subsect ion A of this section shall be transferred by
the chief of police or designee to the municipal clerk or municipal
treasurer for deposit in the municipal general fund. Prior to any
transfer, the chief of police municipality shall file an application
in the district court requesting the court to enter an order
authorizing the chief of police or designee to transfer the money
for deposit in the municipal general fund. The application shall
describe the money or legal tender, the date the same came into the
possession of the chief of police department, and the name of the
owner and the address of the owner, if known. Upon filing the
application which may be joined with an application as described in
subsection B of this section, a hearing shall be set not les s than
ten (10) days nor more than twenty (20) fifteen (15) days from the
filing of the application. Notice of the hearing shall be given as
provided for in subsection C of this section. The notice shall
state that upon failure of anyone to appear to pro ve ownership to
the money or legal tender, the court shall order the same to be
deposited in the municipal general fund. The notice may be combined
with a notice to sell personal property as provided for in
subsection B of this section. If no one appears to claim and prove
ownership to the money or legal tender at the hearing, the court
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shall order the same to be transferred to the municipal general fund
as provided in this subsection.
Notwithstanding any other provision of this section, if
authorized by ordinance, the municipality may transfer any c urrency
received into a deposito ry account for the benefit of its known or
unknown owners prior to any court order for disposition of the money
or legal tender.
F. The Except as provided in this subsection, th e provisions of
this section shall not apply to any dangerous or deadly weapons,
narcotic or poisonous drugs, explosives, or any property of any kind
or character, which the possession of which is prohibited by law.
By order of the trial court, any proper ty filed as an exhibit or
held by the municipality as evidence or as contraband shall be
destroyed or sold or disposed of, pursuant to the conditions
prescribed in the order. To the extent the provisions of this
section do not apply, the court shall follo w the procedures in
Section 1321 of Title 22 of the Oklahoma Statutes. No forfeiture
proceeding shall be necessary to authorize the destruction of
property that cannot be returned lawfully to its owner.
G. The municipality is hereby authorized to establi sh a
procedure for the registration of "lost and found" property. The
procedure shall give the finder of any property the option of
relinquishing any future claim to found property at the time its
possession is surrendered to the police or other agent of the
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municipality, or of retaining possession of the property after
registering its description and the finders finder's identity with
the police department or other agent of the municipality. Only The
municipality may require that only property in which the finder
relinquishes any future claim to its ownership will be stored in
municipal police property rooms.
H. The municipality may provide by ordinance that a percentage
of the money or legal tender deposited in the municipal general fund
as provided in subsection D or E of this section may be paid as a
finders finder's fee for services rendered to any person who found
the unclaimed personal property or money or legal tender and
delivered it to, or registered it with, the chief of police or other
agent of the municipality.
I. The municipality may provide written notice at the time of
arrest or detention that certain property is available for return
within ninety (90) days, if the property was not seized as evidence.
If the property is or appears to be wor th less than Two Hundred
Fifty Dollars ($250.00), no further notice is required prior to
obtaining a court order for disposition of the property in
accordance with this section. A notice left with a detainee 's
personal property at the detention facility s hall be presumed to
have been returned to the detainee at the time of his or her release
and shall satisfy the officer 's obligation to deliver a receipt to
the detainee in connection with an arrest for a public offense.
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SECTION 2. This act shall become effective November 1, 202 1.
Passed the House of Representatives the 1st day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate