Oklahoma 2022 Regular Session

Oklahoma House Bill HB2225 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 2225 Page 1 1
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	27	+
	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 2225 By: Moore of the House
	32	+
	33	+	and
	34	+
	35	+	Weaver of the Senate
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	40	+	An Act relating to cities and towns; amending 11 O.S.
	41	+	2011, Section 34-104, as amended by Section 1,
	42	+	Chapter 166, O.S.L. 2012 (11 O.S. Su pp. 2020, Section
	43	+	34-104), which relates to disposition of property or
	44	+	money; **** modifying required hearing timeline;
	45	+	modifying certain notice requirements; specifying
	46	+	entity to dispose of property; **** authorizing
	47	+	transfer of certain currency; **** providing that
	48	+	notice is effective under certain circumstances; and
	49	+	providing an effective date.
	50	+
	51	+
	52	+
	53	+
	54	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	55	+	entire bill and insert
	56	+
	57	+
	58	+	"An Act relating to cities and towns; amending 11
	59	+	O.S. 2011, Section 3 4-104, as amended by Section 1,
	60	+	Chapter 166, O.S.L. 2012 (11 O.S. Supp. 2020, Section
	61	+	34-104), which relates to disposition of property or
	62	+	money; modifying process for disposing of certain
	63	+	property or money; specifying certain notice is
	64	+	required; determining whether property was seized in
	65	+	connection to criminal investigation; specifying
	66	+	entity that shall file certain application; modifying
	67	+	required hearing timeline; modifying certain notice
	68	+	requirements; specifying entity to dispose of
	69	+	property; clarifying process involving sale or
	70	+	donation to third parties; authorizing transfer of
	71	+	certain currency; directing certain processes for
	72	+	disposition of property under other circumstances;
	73	+	authorizing certain notice; providing notice not
	74	+	required for property of cert ain value; providing
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	101	+	that notice is effective under certain circumstances;
	102	+	amending 22 O.S. 2011, Sections 1321, 1322 and 1326,
	103	+	which relate to the return of stolen property or
	104	+	money taken from defendants; clarifying hearing
	105	+	procedures for returning proper ty to lawful owners;
	106	+	providing option of filing affidavits with the court
	107	+	clerk; requiring notices be sent by first -class mail;
	108	+	specifying when hearings shall be held; requiring the
	109	+	filing of proof of service or publication with the
	110	+	court clerk; extending time by which property shall
	111	+	be made available for release; directing property
	112	+	owners to provide proof of title to property;
	113	+	requiring claimants to sign indemnification agreement
	114	+	under certain circumstances; requiring filing of
	115	+	affidavits of service or pub lication with the court
	116	+	clerk; extending date by which objections must be
	117	+	filed; authorizing retention of evidence or exhibits
	118	+	pending the outcome of actions for postconviction
	119	+	relief; authorizing government entities to seek a
	120	+	hearing regarding disposition of property;
	121	+	establishing hearing requirements; providing for the
	122	+	destruction of property under certain circumstances;
	123	+	extending time limitation for making property
	124	+	available to owners; providing gender -neutral
	125	+	language; clarifying procedures for providin g
	126	+	receipts to defendants when money or other property
	127	+	is seized; and providing an effective date.
	128	+
	129	+
	130	+
	131	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	132	+	SECTION 1. AMENDATORY 11 O.S. 2011, Section 34 -104, as
	133	+	amended by Section 1 , Chapter 166, O.S.L. 2012 (11 O.S. Supp. 2020,
	134	+	Section 34-104), is amended to read as follows:
	135	+	Section 34-104. A. Any chief of police or designee is
	136	+	authorized to dispose of personal property or money or legal tender
	137	+	as provided in this section or the charter ordinances of the
	138	+	municipality, which has come into the possession of the chief of
	139	+	police in any manner department of the municipality if:
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	166	+	1. The owner of the personal property or money or legal tender
	167	+	is unknown or has not claimed the property after any required
	168	+	notice;
	169	+	2. The property or money or legal tender has been in the
	170	+	custody of the chief of police for at least ninety (90) days; and
	171	+	3. The property or money or legal tender or any part thereof is
	172	+	no longer needed to be held as evidence or for any other purpose in
	173	+	connection with any litigation. In the event the property, money or
	174	+	legal tender was seized by the police department in connection with
	175	+	a criminal investigation or arrest, this determination shall be made
	176	+	by the court which has ju risdiction over the criminal offense, if an
	177	+	information or indictment is pending, pursuant to Section 1321 of
	178	+	Title 22 of the Oklahoma Statutes, or by a prosecuting authority if
	179	+	charges have been disposed of or have been declined.
	180	+	B. The chief of police shall municipality may file an
	181	+	application in the district court in which the situs of government
	182	+	of the municipality is located requesting the authority of the court
	183	+	to conduct a sale of the personal property which has a fair market
	184	+	value of more than its face value. The chief of police shall attach
	185	+	to the application shall contain a list describing the property
	186	+	including any identifying numbers and marks , the date the property
	187	+	came into the possession of the chief of police municipality, and
	188	+	the name of the owner and the person in last possession, if
	189	+	different, and the address of the person, if known. The court shall
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	216	+	set the application for hearing not less than ten (10) fifteen (15)
	217	+	days nor more than twenty (20) days after filing of the application.
	218	+	C. In any instance where the property has an actual or apparent
	219	+	value of more than Two Hundred Fifty Dollars ($250.00), at least ten
	220	+	(10) eleven (11) days prior to the date of the hearing, written
	221	+	notice of the hearing shall be sent by first -class mail, postage
	222	+	prepaid, to each owner and person last in possession of the property
	223	+	at the address as listed in the application. If the owner of any
	224	+	property with an actual or apparent value exceeding Five Hundred
	225	+	Dollars ($500.00) is unable to be served written not ice by first-
	226	+	class mail, notice shall be provided by one publication at least
	227	+	three (3) days prior to the hearing in a newspaper of general
	228	+	circulation in the county where the property is in custody. The
	229	+	notice shall contain a brief description of the pro perty of the
	230	+	owner and the place and date of the hearing and a description of the
	231	+	property, or the location of a list available for review during
	232	+	business hours in which the property is described and any known
	233	+	owner identified. The notice shall be posted at the assigned place
	234	+	for the posting of municipal notices, and at two other public places
	235	+	in the municipality.
	236	+	D. If no owner appears and establishes ownership to the
	237	+	property at the hearing, the court shall enter an order authorizing
	238	+	the chief of police municipality to dispose of the property as
	239	+	follows:
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	266	+	1. Donate the property having value of less than Five Hundred
	267	+	Dollars ($500.00) to a not -for-profit corporation as defined in
	268	+	Title 18 of the Oklahoma Statutes for use by needy families;
	269	+	2. Sell the personal property for cash to the highest bidder,
	270	+	after at least five (5) days' notice of the sale has been published;
	271	+	3. Transfer the property to a third -party agent under contract
	272	+	with the governing body of the chief of police municipality for sale
	273	+	by Internet or other electronic means, regardless of whether the
	274	+	sale structure or distribution site is within the State of Oklahoma;
	275	+	or
	276	+	4. By any other means as determined appropriate by the court ,
	277	+	including but not limited to, destruction.
	278	+	Regardless of If the means of disposition involve a sale or
	279	+	donation to the third party , the chief of police or designee shall
	280	+	make a return of the donation or sale and the order of the court
	281	+	confirming the donation or sale shall vest title to the property in
	282	+	the recipient or purchaser. After payment of court costs and other
	283	+	expenses, the remainder of money received from the sale of the
	284	+	personal property shall be deposited in the municipal general fund.
	285	+	E. All money or legal tender which has come into the possession
	286	+	of the chief of police municipality pursuant to the circumstances
	287	+	provided for in subsection A of this section shall be transferred by
	288	+	the chief of police or designee to the municipal clerk or municipal
	289	+	treasurer for deposit in the municipal general fund. Prior to any
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	316	+	transfer, the chief of police municipality shall file an application
	317	+	in the district court requesting the court to enter an order
	318	+	authorizing the chief of police or designee to transfer the money
	319	+	for deposit in the municipal general fund. The appli cation shall
	320	+	describe the money or legal tender, the date the same came into the
	321	+	possession of the chief of police department, and the name of the
	322	+	owner and the address of the owner, if known. Upon filing the
	323	+	application which may be joined with an applic ation as described in
	324	+	subsection B of this section, a hearing shall be set not less than
	325	+	ten (10) days nor more than twenty (20) fifteen (15) days from the
	326	+	filing of the application. Notice of the hearing shall be given as
	327	+	provided for in subsection C of this section. The notice shall
	328	+	state that upon failure of anyone to appear to prove ownership to
	329	+	the money or legal tender, the court shall order the same to be
	330	+	deposited in the municipal general fund. The notice may be combined
	331	+	with a notice to sell per sonal property as provided for in
	332	+	subsection B of this section. If no one appears to claim and prove
	333	+	ownership to the money or legal tender at the hearing, the court
	334	+	shall order the same to be transferred to the municipal general fund
	335	+	as provided in this subsection.
	336	+	Notwithstanding any other provision of this section, if
	337	+	authorized by ordinance, the municipality may transfer any currency
	338	+	received into a depository account for the benefit of its known or
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	365	+	unknown owners prior to any court order for dispositi on of the money
	366	+	or legal tender.
	367	+	F. The Except as provided in this subsection, the provisions of
	368	+	this section shall not apply to any dangerous or deadly weapons,
	369	+	narcotic or poisonous drugs, explosives, or any property of any kind
	370	+	or character, which the possession of which is prohibited by law.
	371	+	By order of the trial court, any property filed as an exhibit or
	372	+	held by the municipality as evidence or as contraband shall be
	373	+	destroyed or sold or disposed of, pursuant to the conditions
	374	+	prescribed in the order. To the extent the provisions of this
	375	+	section do not apply, the court shall follow the procedures in
	376	+	Section 1321 of Title 22 of the Oklahoma Statutes. No forfeiture
	377	+	proceeding shall be necessary to authorize the destruction of
	378	+	property that cannot be re turned lawfully to its owner.
	379	+	G. The municipality is hereby authorized to establish a
	380	+	procedure for the registration of "lost and found" property. The
	381	+	procedure shall give the finder of any property the option of
	382	+	relinquishing any future claim to found p roperty at the time its
	383	+	possession is surrendered to the police or other agent of the
	384	+	municipality, or of retaining possession of the property after
	385	+	registering its description and the finders finder's identity with
	386	+	the police department or other agent of the municipality. Only The
	387	+	municipality may require that only property in which the finder
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	414	+	relinquishes any future claim to its ownership will be stored in
	415	+	municipal police property rooms.
	416	+	H. The municipality may provide by ordinance that a percentage
	417	+	of the money or legal tender deposited in the municipal general fund
	418	+	as provided in subsection D or E of this section may be paid as a
	419	+	finders finder's fee for services rendered to any person who found
	420	+	the unclaimed personal property or money or legal tender and
	421	+	delivered it to, or registered it with, the chief of police or other
	422	+	agent of the municipality.
	423	+	I. The municipality may provide written notice at the time of
	424	+	arrest or detention that certain property is available for return
	425	+	within ninety (90) days, i f the property was not seized as evidence.
	426	+	If the property is or appears to be worth less than Two Hundred
	427	+	Fifty Dollars ($250.00), no further notice is required prior to
	428	+	obtaining a court order for disposition of the property in
	429	+	accordance with this sect ion. A notice left with a detainee's
	430	+	personal property at the detention facility shall be presumed to
	431	+	have been returned to the detainee at the time of his or her release
	432	+	and shall satisfy the officer's obligation to deliver a receipt to
	433	+	the detainee in connection with an arrest for a public offense.
	434	+	SECTION 2. AMENDATORY 22 O.S. 2011, Section 1321, is
	435	+	amended to read as follows:
	436	+	Section 1321. A. It is the intent of the Legislature that any
	437	+	stolen or embezzled money or other pro perty held in custody of a
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	464	+	municipality, county or the state in any criminal investigation,
	465	+	action or proceeding be returned to the proper person or its lawful
	466	+	owner without unnecessary delay.
	467	+	B. If the property coming into the custody of a municipal,
	468	+	county or state peace officer is not alleged to have been stolen or
	469	+	embezzled, the peace officer may return the property to the owner
	470	+	upon satisfactory proof of ownership. The notice and hearing
	471	+	provisions of this section shall not be required for return of the
	472	+	property specified in this section if there is no dispute concerning
	473	+	the ownership of the property. Within fifteen (15) days of the time
	474	+	the owner of the property is known, the peace officer shall notify
	475	+	the owner of the property that the property is in the custody of the
	476	+	peace officer. The property shall be returned to the owner upon
	477	+	request, unless the owner, by law, is not permitted to possess such
	478	+	property.
	479	+	C. Except as otherwise provided for property that is pawned,
	480	+	when money or property allege d to have been stolen or embezzled,
	481	+	comes into the custody of a peace officer, the peace officer shall
	482	+	hold it subject to the order of the magistrate authorized by Section
	483	+	1322 of this title to direct the disposal thereof. Within fifteen
	484	+	(15) days of the time the owner of the property is known, the peace
	485	+	officer shall notify the owner of the property that the property is
	486	+	in the custody of the peace officer. The peace officer shall make a
	487	+	good faith effort to locate and notify the owner of the property.
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	514	+	If the peace officer has made a good faith effort to locate and
	515	+	notify the owner of the property and has been unable to locate or
	516	+	notify the owner, the peace officer shall release the property to
	517	+	the last person in possession of the property within fifteen (15)
	518	+	days after the peace officer determines that an owner cannot be
	519	+	located or notified, provided unless there is evidence that the
	520	+	person who last had possession of the property shows proof that the
	521	+	person is not a lawful possessor of the property. Such officer may
	522	+	provide a copy of a nonownership affidavit to the defendant to sign
	523	+	if the defendant is not claiming ownership of the money or property
	524	+	taken from the defendant and if the defendant has relinquished the
	525	+	right to remain silent. The affidavit i s not admissible in any
	526	+	proceeding to ascertain the guilt or innocence of the defendant. A
	527	+	copy of this affidavit shall be provided to the defendant, and a
	528	+	copy shall may be filed by the peace officer with the court clerk.
	529	+	Upon request, a copy of this af fidavit shall be provided to any
	530	+	person claiming ownership of such money or property. The owner of
	531	+	the property or designated representative of the owner may make
	532	+	application to the magistrate for the return of the property. The
	533	+	application shall be on a form provided by the Administrative
	534	+	Director of the Courts and made available through the court clerk or
	535	+	the victim-witness coordinator. The court may charge the applicant
	536	+	a reasonable fee to defray the cost of filing and docketing the
	537	+	application. Once an application has been made and notice provided,
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	564	+	the magistrate shall docket the application for a hearing as
	565	+	provided in this section. Where notice by publication is
	566	+	appropriate, the publication notice form shall be provided free of
	567	+	charge to the applicant by the Administrative Director of the Courts
	568	+	through the court clerk or the victim -witness coordinator with
	569	+	instructions on how to obtain effective publication notice. The
	570	+	applicant shall notify the last person in possession of the property
	571	+	prior to the property being seized by the state of the hearing by
	572	+	mailing a copy of the notice by certified mail return receipt
	573	+	requested at the last -known address of the person, unless the person
	574	+	has signed a nonownership affidavit pursuant to this section
	575	+	disclaiming any ownership rights to the property. If the last
	576	+	person in possession of the property is unable to be served notice
	577	+	by certified mail, notice shall be provided by first-class mail and
	578	+	by one publication in a newspaper of general circulation in the
	579	+	county where the property is held in custody. The applicant shall
	580	+	notify the district attorney and the court when notice has been
	581	+	served to the last person in possession of the property or published
	582	+	pursuant to this section. The hearing shall be held not less than
	583	+	ten (10) days or more than twenty (20) fifteen (15) days after the
	584	+	court has been notified that the notice has been served or
	585	+	published. Proof of service or publication shall be filed with the
	586	+	court clerk before the hearing. For the sole purpose of conducting
	587	+	a due process hearing to establish ownership of the property,
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	614	+	"magistrate" as used in this section shall mean a judge of the
	615	+	district court, associate district judge, special judge or the judge
	616	+	of a municipal criminal court of record when e stablished pursuant to
	617	+	Section 28-101 et seq. of Title 11 of the Oklahoma Statutes.
	618	+	D. If the magistrate determines that the property is needed as
	619	+	evidence, the magistrate shall determine ownership or right of
	620	+	possession and determine the procedure and ti me frame for future
	621	+	release. The magistrate may order the release of property needed as
	622	+	evidence pursuant to Section 1327 of this title, provided however,
	623	+	the order may require the owner to present the property at trial.
	624	+	The property shall be made availa ble to the owner within ten (10)
	625	+	twenty (20) days of the court order for release. The magistrate may
	626	+	authorize ten (10) days additional time for the return of the
	627	+	exhibit if the district attorney shows cause that additional time is
	628	+	needed to photograph or mark the exhibit.
	629	+	E. If the property is not needed as evidence, it may be
	630	+	released by the magistrate to the owner or designated representative
	631	+	of the owner upon satisfactory proof of ownership or to the person
	632	+	last in possession prior to seizure . The owner of the property or
	633	+	designated representative of the owner may make application to the
	634	+	magistrate for the return of the property. The owner shall provide
	635	+	satisfactory proof of title to the property or sign an affidavit of
	636	+	ownership if documents of titl e do not exist. If an affidavit of
	637	+	ownership or affidavit of right of possession is used to establish
	638	+
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	664	+	ownership or right of possession, the claimant may also be required
	665	+	to sign an agreement to indemnify and defend the custodians of the
	666	+	property in the event of an adverse claim to the property. The
	667	+	applicant shall notify the last person in possession of the property
	668	+	prior to such property being seized by the state of the hearing by
	669	+	mailing a copy of the notice by certified mail return receipt
	670	+	requested at the last-known address of the person, unless the person
	671	+	has signed a nonownership affidavit pursuant to this section
	672	+	disclaiming any ownership rights to the property. If the last
	673	+	person in possession of the property is unable to be served notice
	674	+	by certified mail, notice shall be provided by one publication in a
	675	+	newspaper of general circulation in the county where the property is
	676	+	held in custody. The applicant shall notify the district attorney
	677	+	and the court when notice has been served to the last person in
	678	+	possession of the property or published pursuant to this section.
	679	+	The hearing shall be held not less than ten (10) fifteen (15) days
	680	+	or more than twenty (20) days after the court has been notified that
	681	+	the notice has been served or published. An affidavit of service or
	682	+	publication shall be filed with the court prior to the hearing.
	683	+	F. The notice and hearing provisions of subsections C and E of
	684	+	this section shall not be required for return of the property
	685	+	specified in said subsections if:
	686	+	1. There is no dispute concerning the ownership of the
	687	+	property;
	688	+
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	714	+	2. The property is readily identifiable by the owner; and
	715	+	3. The defendant has entered a plea of guilty or nolo
	716	+	contendere to the criminal charge, has executed a nonownership
	717	+	affidavit as provided by subsection C of this section or has been
	718	+	personally notified that the property will be returned to the owner
	719	+	and has failed to file an objection to such return within ten (10)
	720	+	eleven (11) days of being notified. The owner shall provide
	721	+	satisfactory proof of title to the property or sign an affidavit of
	722	+	ownership or right of possession to be provided by the peace
	723	+	officer. If an affidavit of ownership or affidavit of right of
	724	+	possession is used to establish ownership or right of possession,
	725	+	the claimant may also be required to sign an agreement to indemnify
	726	+	and defend the custodians of the property in the event of an adverse
	727	+	claim to the property. The affidavit is not admissible in any
	728	+	proceeding to ascertain the guilt or innocence of the defendant. A
	729	+	copy of this affidavit shall be filed by the officer with the court
	730	+	clerk. The property shall then be returned to the owner or person
	731	+	with right of possession.
	732	+	G. When property alleged to have been stolen comes into the
	733	+	custody of a peace officer and the pro perty is deemed to be
	734	+	perishable, the peace officer shall take such action as appropriate
	735	+	to temporarily preserve the property. However, within seventy -two
	736	+	(72) hours of the time the property was recovered, the receiving
	737	+	agency shall make application for a disposition hearing before a
	738	+
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	764	+	magistrate, and the receiving agency shall notify by first-class
	765	+	mail all persons known to have an interest in the property of the
	766	+	date, time and place of the hearing.
	767	+	H. In any case, the magistrate may, for good cause shown , order
	768	+	any evidence or exhibit to be retained pending the outcome of any
	769	+	appeal or action for post-conviction relief.
	770	+	I. Any time property comes into the custody of a municipality,
	771	+	a county, or this state as a result of any contact with any peace
	772	+	officer, criminal investigation or other situation where the return
	773	+	of the property is prohibited by any municipal, state or federal law
	774	+	or when the property has disputed ownership or multiple claimants,
	775	+	the municipality, county or state shall advise the claimant to file
	776	+	an application with the appropriate district court. Upon filing an
	777	+	application for a hearing, the claimant shall provide notice by
	778	+	first-class mail to all interested persons including the government
	779	+	entity having custody of the property. The gov ernment entity having
	780	+	custody of the property may also seek a hearing regarding the
	781	+	disposition of the property. The hearing shall be scheduled not
	782	+	less than fifteen (15) days after the notice is mailed. Unless the
	783	+	property is being held in connection wi th a filed criminal charge,
	784	+	the proceeding shall be considered a civil matter and shall be filed
	785	+	in the county where the property is being held. If a criminal
	786	+	charge has been filed, the matter shall be heard by the judge who
	787	+	has been assigned to the crimi nal case. At the hearing the court
	788	+
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	814	+	shall make a judicial determination as to the proper and lawful
	815	+	release or other disposition of the property. If the property at
	816	+	issue is a firearm or other weapon, the court may order the property
	817	+	destroyed if the cour t determines that the owner of the firearm or
	818	+	weapon is mentally or emotionally unstable or disturbed or cannot
	819	+	legally possess the firearm or weapon.
	820	+	J. The application, notice and hearing provisions of subsection
	821	+	I of this section shall include, but are not limited to, all
	822	+	situations where the peace officer has reason to believe:
	823	+	1. One of the persons asserting a right to the return of any
	824	+	firearm or other weapon is or was mentally or emotionally unstable
	825	+	or disturbed at the time the weapon was placed i n custody or at the
	826	+	time of the request for the return of the weapon;
	827	+	2. One of the persons asserting a right to the return of a
	828	+	firearm or other weapon is subject to a victim protection order that
	829	+	would preclude the return of any weapon as a matter of la w;
	830	+	3. One of the persons asserting a right to the return of any
	831	+	firearm or other weapon is under indictment or has been convicted of
	832	+	a felony;
	833	+	4. One of the persons asserting a right to the return of any
	834	+	firearm or other weapon has a misdemeanor convicti on for domestic
	835	+	abuse as defined by law;
	836	+
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	862	+	5. The ownership of the property is unclear due to multiple
	863	+	claimants or disputes among heirs or next of kin for the property of
	864	+	the deceased; or
	865	+	6. The return of the property could subject the municipality,
	866	+	the county, or this state to potential liability for its return.
	867	+	SECTION 3. AMENDATORY 22 O.S. 2011, Section 1322, is
	868	+	amended to read as follows:
	869	+	Section 1322. On satisfactory proof of title to the property,
	870	+	the magistrate before whom the information is laid, or who examines
	871	+	the charge against the person accused of stealing or embezzling the
	872	+	property, may order it to be delivered to the owner on his paying
	873	+	the reasonable and necessary expenses incurred in its preservation,
	874	+	to be certified by the magistrate. The order entitles the owner to
	875	+	demand and receive the property. Such property shall be made
	876	+	available to the owner within ten (10) twenty (20) days of the
	877	+	issuance of the order. The court, however, may keep the property as
	878	+	evidence or on the issuance of an order, require the owner to
	879	+	present such property at trial.
	880	+	SECTION 4. AMENDATORY 22 O.S. 2011, Section 1326, is
	881	+	amended to read as follows:
	882	+	Section 1326. When money or other property is taken from a
	883	+	defendant arrested upon a charge of public offense, the officer
	884	+	taking it must at the time give duplicate receipts therefor,
	885	+	specifying particularly the amount of money or the kind of property
	886	+
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	912	+	taken. One of which receipts he the officer must deliver to the
	913	+	defendant or to the detention officer holding the detainee's
	914	+	personal property, and the other of which he the officer must file
	915	+	with the clerk of the court to which the depositions and statement
	916	+	must be sent, as provided in the last section of the chapter on
	917	+	preliminary examination, 6641 officer's chief law enforcement
	918	+	officer or designee.
	919	+	SECTION 5. This act shall become effective November 1, 2021. "
	920	+
	921	+	Passed the Senate the 21st day of April, 2021.
	922	+
	923	+
	924	+
	925	+	Presiding Officer of the Senate
	926	+
	927	+
	928	+	Passed the House of Representatives the ____ day of __________,
	929	+	2021.
	930	+
	931	+
	932	+
	933	+	Presiding Officer of the House
	934	+	of Representatives
	935	+
	936	+	ENGR. H. B. NO. 2225 Page 1 1
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	961	+	ENGROSSED HOUSE
3	962		BILL NO. 2225 By: Moore of the House
4	963
5	964		and
6	965
7	966		Weaver of the Senate
8	967
9	968
10	969
11	970
12	971
13	972
14	973		An Act relating to cities and towns; am ending 11 O.S.
15	974		2011, Section 34-104, as amended by Section 1,
16	975		Chapter 166, O.S.L. 2012 (11 O.S. Supp. 20 20, Section
17	976		34-104), which relates to disposition of property or
18	977		money; modifying process for disposing of certain
19	978		property or money; specifying certain notice is
20	979		required; determining whether property was seized in
21	980		connection to criminal investigation; specifying
22	981		entity that shall file certain application; modifying
23	982		required hearing timeline; modifying certain notice
24	983		requirements; specifying entity to di spose of
25	984		property; clarifying process involving sale or
26	985		donation to third parties; authorizing transfer of
27	986		certain currency; directing certain processes for
28	987		disposition of property under other circumstances;
29	988		authorizing certain notice; providing notice not
30	989		required for property of certain value; providing
31	990		that notice is effective under certain circumstances;
32		-	amending 22 O.S. 2011, Sections 1321, 1322 and 1326,
33		-	which relate to the return of stolen property or
34		-	money taken from defendants; clarifying hearing
35		-	procedures for returning property to lawful owners;
36		-	providing option of filing affidavits with the court
37		-	clerk; requiring notice s be sent by first-class mail;
38		-	specifying when hearings shall be held; requiring the
39		-	filing of proof of service or publication with the
40		-	court clerk; extending time by which property shall
41		-	be made available for release; directing property
42		-	owners to provide proof of title to property;
43		-	requiring claimants to sign indemnification agreement
44		-	under certain circumstances; requiring filing of
45		-	affidavits of service or publication with the court
46		-	clerk; extending date by which objections must be ENR. H. B. NO. 2225 Page 2
47		-	filed; authorizing rete ntion of evidence or exhibits
48		-	pending the outcome of actions for postconviction
49		-	relief; authorizing government entities to seek a
50		-	hearing regarding disposition of property;
51		-	establishing hearing requirements; providing for the
52		-	destruction of property under certain circumstances;
53		-	extending time limitation for making property
54		-	available to owners; providing gender -neutral
55		-	language; clarifying procedures for providing
56		-	receipts to defendants when money or other property
57		-	is seized; and providing an effective date.
	991	+	and providing an effective date.
58	992
59	993
60	994
61	995
62		-	SUBJECT: Cities and towns
63	996
64	997		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65		-
66		-	SECTION 1. AMENDATORY 11 O.S. 2011, Section 34 -104, as
	998	+	SECTION 6. AMENDATORY 11 O.S. 201 1, Section 34-104, as
67	999		amended by Section 1, Chapter 166, O.S.L. 2012 (11 O.S. Supp. 20 20,
68	1000		Section 34-104), is amended to read as follows:
69		-
70	1001		Section 34-104. A. Any chief of police or designee is
71	1002		authorized to dispose of personal property or money or legal t ender
	1003	+
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72	1029		as provided in this section or the charter ordinances of the
73	1030		municipality, which has come into the possession of the chief of
74	1031		police in any manner department of the municipality if:
75		-
76	1032		1. The owner of the personal property or money or legal tender
77	1033		is unknown or has not claimed the property after any required
78	1034		notice;
79		-
80	1035		2. The property or money or legal tender has been in the
81	1036		custody of the chief of police for at least ninety (90) days; and
82		-
83	1037		3. The property or money or legal tender or any part thereof is
84	1038		no longer needed to be held as evidence or for any other purpose in
85	1039		connection with any litigation. In the event the property, money or
86	1040		legal tender was seized by the police department in connection with
87	1041		a criminal investigation or arrest, this determinati on shall be made
88	1042		by the court which has jurisdiction over the criminal offense, if an
89	1043		information or indictment is pending, pursuant to Section 1321 of
90	1044		Title 22 of the Oklahoma Statutes, or by a prosecuting authority if
91		-	charges have been disposed of or have been declined. ENR. H. B. NO. 2225 Page 3
92		-
	1045	+	charges have been disposed of or hav e been declined.
93	1046		B. The chief of police shall municipality may file an
94	1047		application in the district court in which the situs of government
95	1048		of the municipality is located requesting the authority of the court
96	1049		to conduct a sale of the personal property which has a fair market
97	1050		value of more than its face value . The chief of police shall attach
98	1051		to the application shall contain a list describing the property
99	1052		including any identifying numbers and marks , the date the property
	1053	+
	1054	+	ENGR. H. B. NO. 2225 Page 3 1
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100	1079		came into the possession of the chief of police municipality, and
101	1080		the name of the owner and the person in last possession, if
102	1081		different, and the address of the person, if known. The court shall
103	1082		set the application for hearing not less than ten (10) fifteen (15)
104	1083		days nor more than twenty (20) days after filing of the application.
105		-
106	1084		C. In any instance where the property has an actual or apparent
107	1085		value of more than Two Hundred Fifty Dollars ($250.00), at least ten
108	1086		(10) eleven (11) days prior to the date of the hearing, written
109	1087		notice of the hearing shall be sent by first -class mail, postage
110	1088		prepaid, to each owner and person last in possession of the property
111	1089		at the address as listed in the application. If the owner of any
112	1090		property with an actual or apparent value exceeding Five Hundred
113	1091		Dollars ($500.00) is unable to be served written notice by first -
114	1092		class mail, notice shall be provided by one publication at least
115	1093		three (3) days prior to the hearing in a newspaper of general
116	1094		circulation in the county where the property is in custody. The
117	1095		notice shall contain a brief description of the property of the
118	1096		owner and the place and date of the hearing and a description of the
119	1097		property, or the location of a list available for review during
120	1098		business hours in which the property is described and any known
121	1099		owner identified. The notice shall be posted at the assigned place
122	1100		for the posting of municipal notices, and at two other public places
123	1101		in the municipality.
124	1102
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125	1128		D. If no owner appears and establishes ownership to the
126	1129		property at the hearing, the court shall ente r an order authorizing
127	1130		the chief of police municipality to dispose of the property as
128	1131		follows:
129		-
130	1132		1. Donate the property having value of less than Five Hundred
131	1133		Dollars ($500.00) to a not -for-profit corporation as defined in
132	1134		Title 18 of the Oklahoma Statutes for use by needy families;
133		-
134	1135		2. Sell the personal property for cash to the highest bidder,
135	1136		after at least five (5) days ' notice of the sale has been published;
136		-	ENR. H. B. NO. 2225 Page 4
137	1137		3. Transfer the property to a third -party agent under contract
138	1138		with the governing body of the ch ief of police municipality for sale
139	1139		by Internet or other electronic means, regardless of whether the
140	1140		sale structure or distribution site is within the State of Oklahoma;
141	1141		or
142		-
143	1142		4. By any other means as determined appropriate by the court,
144	1143		including but not li mited to, destruction.
145		-
146	1144		Regardless of If the means of disposition involve a sale or
147	1145		donation to the third party , the chief of police or designee shall
148	1146		make a return of the donation or sale and the order of the court
149	1147		confirming the donation or sale shall ves t title to the property in
150	1148		the recipient or purchaser. After payment of court costs and other
151	1149		expenses, the remainder of money received from the sale of the
152	1150		personal property shall be deposited in the municipal general fund.
	1151	+
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153	1176
154	1177		E. All money or legal tender which has come into the possession
155	1178		of the chief of police municipality pursuant to the circumstances
156	1179		provided for in subsection A of this section shall be transferred by
157	1180		the chief of police or designee to the municipal clerk or municipal
158	1181		treasurer for deposit in the municipal general fund. Prior to any
159	1182		transfer, the chief of police municipality shall file an application
160	1183		in the district court requesting the court to enter an order
161	1184		authorizing the chief of police or designee to transfer the money
162	1185		for deposit in the municipal general fund. The application shall
163	1186		describe the money or legal tender, the date the same came into the
164	1187		possession of the chief of police department, and the name of the
165	1188		owner and the address of the owner, if known. Upon filing the
166	1189		application which may be joined with an application as described in
167	1190		subsection B of this section, a hearing shall be set not less than
168	1191		ten (10) days nor more than twenty (20) fifteen (15) days from the
169	1192		filing of the application. Notice of the hearing shall be given as
170	1193		provided for in subsection C of this section. The notice shall
171	1194		state that upon failure of anyone to appear to prove ownership to
172	1195		the money or legal tender, the court shall order the same to be
173	1196		deposited in the municipal general fund. The notice may be combined
174	1197		with a notice to sell personal property as provided for in
175	1198		subsection B of this section. If no one appears to claim and prove
176	1199		ownership to the money or legal tender at the hearing, the court
	1200	+
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177	1226		shall order the same to be transferred to the m unicipal general fund
178	1227		as provided in this subsection.
179		-
180	1228		Notwithstanding any other provision of this section, if
181		-	authorized by ordinance, the municipality may transfer any ~~currency ENR. H. B. NO. 2225 Page 5~~
	1229	+	authorized by ordinance, the municipality may transfer any c urrency
182	1230		received into a deposito ry account for the benefit of its known or
183	1231		unknown owners prior to any court order for disposition of the money
184	1232		or legal tender.
185		-
186	1233		F. The Except as provided in this subsection, the provisions of
187	1234		this section shall not apply to any dangerous or deadly weapons,
188	1235		narcotic or poisonous drugs, explosives, or any pro perty of any kind
189	1236		or character, which the possession of which is prohibited by law.
190	1237		By order of the trial court, any property filed as an exhibit or
191	1238		held by the municipality as evidence or as contraband shall be
192	1239		destroyed or sold or disposed of, pursuant to the conditions
193	1240		prescribed in the order. To the extent the provisions of this
194	1241		section do not apply, the court shall follow the procedures in
195	1242		Section 1321 of Title 22 of the Oklahoma Statutes. No forfeiture
196	1243		proceeding shall be necessary to authorize the destruction of
197	1244		property that cannot be returned lawfully to its owner.
198		-
199	1245		G. The municipality is hereby authorized to establish a
200	1246		procedure for the registration of "lost and found" property. The
201	1247		procedure shall give the finder of any property the option of
202	1248		relinquishing any future claim to found property at the time its
203	1249		possession is surrendered to the police or other agent of the
	1250	+
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204	1276		municipality, or of retaining possession of the property after
205	1277		registering its description and the finders finder's identity with
206	1278		the police department or other agent of the municipality. Only The
207	1279		municipality may require that only property in which the finder
208	1280		relinquishes any future claim to its ownership will be stored in
209	1281		municipal police property rooms.
210		-
211	1282		H. The municipality may provide by ordinance that a percentage
212	1283		of the money or legal tender deposited in the municipal general fund
213	1284		as provided in subsection D or E of this section may be paid as a
214	1285		finders finder's fee for services rendered to any person who found
215	1286		the unclaimed personal property or money or legal tender and
216	1287		delivered it to, or registered it with, the chief of police or other
217	1288		agent of the municipality.
218		-
219	1289		I. The municipality may provide written notice at the time of
220	1290		arrest or detention that certain property is avail able for return
221	1291		within ninety (90) days, if the property was not seized as evidence.
222	1292		If the property is or appears to be worth less than Two Hundred
223	1293		Fifty Dollars ($250.00), no further notice is required prior to
224	1294		obtaining a court order for disposition of the property in
225	1295		accordance with this section. A notice left with a detainee 's
226		-	personal property at the detention facility shall be presumed to ~~ENR. H. B. NO. 2225 Page 6~~
	1296	+	personal property at the detention facility shall be presumed to
227	1297		have been returned to the detainee at the time of his or her release
228	1298		and shall satisfy the officer 's obligation to deliver a receipt to
229	1299		the detainee in connection with an arrest for a public offense.
230	1300
231		-	SECTION 2. AMENDATORY 22 O.S. 2011, Section 1321, is
232		-	amended to read as follows:
	1301	+	ENGR. H. B. NO. 2225 Page 8 1
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233	1325
234		-	Section 1321. A. It is the intent of the Legislature that any
235		-	stolen or embezzled money or other property held in custody of a
236		-	municipality, county or the state in any criminal investigation,
237		-	action or proceeding be returned to the proper person or its lawful
238		-	owner without unnecessary delay.
	1326	+	SECTION 7. This act shall become effective November 1, 202 1.
	1327	+	Passed the House of Representatives the 1st day of March, 2021.
239	1328
240		-	B. If the property coming into the custody of a municipal,
241		-	county or state peace officer is not alleged to h ave been stolen or
242		-	embezzled, the peace officer may return the property to the owner
243		-	upon satisfactory proof of ownership. The notice and hearing
244		-	provisions of this section shall not be required for return of the
245		-	property specified in this section if ther e is no dispute concerning
246		-	the ownership of the property. Within fifteen (15) days of the time
247		-	the owner of the property is known, the peace officer shall notify
248		-	the owner of the property that the property is in the custody of the
249		-	peace officer. The prop erty shall be returned to the owner upon
250		-	request, unless the owner, by law, is not permitted to possess such
251		-	property.
252		-
253		-	C. Except as otherwise provided for property that is pawned,
254		-	when money or property alleged to have been stolen or embezzled,
255		-	comes into the custody of a peace officer, the peace officer shall
256		-	hold it subject to the order of the magistrate authorized by Section
257		-	1322 of this title to direct the disposal thereof. Within fifteen
258		-	(15) days of the time the owner of the property is known, the peace
259		-	officer shall notify the owner of the property that the property is
260		-	in the custody of the peace officer. The peace officer shall make a
261		-	good-faith effort to locate and notify the owner of the property.
262		-	If the peace officer has made a good -faith effort to locate and
263		-	notify the owner of the property and has been unable to locate or
264		-	notify the owner, the peace officer shall release the property to
265		-	the last person in possession of the property within fifteen (15)
266		-	days after the peace officer determines that an owner cannot be
267		-	located or notified, provided unless there is evidence that the
268		-	person who last had possession of the property shows proof that the
269		-	person is not a lawful possessor of the property. Such officer may
270		-	provide a copy of a nonownership affidavit to the defendant to sign
271		-	if the defendant is not claiming ownership of the money or property ENR. H. B. NO. 2225 Page 7
272		-	taken from the defendant and if the defendant has relinquished the
273		-	right to remain silent. The affidavit is not admissible in any
274		-	proceeding to ascerta in the guilt or innocence of the defendant. A
275		-	copy of this affidavit shall be provided to the defendant, and a
276		-	copy shall may be filed by the peace officer with the court clerk.
277		-	Upon request, a copy of this affidavit shall be provided to any
278		-	person claiming ownership of such money or property. The owner of
279		-	the property or designated representative of the owner may make
280		-	application to the magistrate for the return of the property. The
281		-	application shall be on a form provided by the Administrative
282		-	Director of the Courts and made available through the court clerk or
283		-	the victim-witness coordinator. The court may charge the applicant
284		-	a reasonable fee to defray the cost of filing and docketing the
285		-	application. Once an application has been made and notice prov ided,
286		-	the magistrate shall docket the application for a hearing as
287		-	provided in this section. Where notice by publication is
288		-	appropriate, the publication notice form shall be provided free of
289		-	charge to the applicant by the Administrative Director of the Co urts
290		-	through the court clerk or the victim -witness coordinator with
291		-	instructions on how to obtain effective publication notice. The
292		-	applicant shall notify the last person in possession of the property
293		-	prior to the property being seized by the state of the hearing by
294		-	mailing a copy of the notice by certified mail return receipt
295		-	requested at the last -known address of the person, unless the person
296		-	has signed a nonownership affidavit pursuant to this section
297		-	disclaiming any ownership rights to the property. I f the last
298		-	person in possession of the property is unable to be served notice
299		-	by certified mail, notice shall be provided by first-class mail and
300		-	by one publication in a newspaper of general circulation in the
301		-	county where the property is held in custody. The applicant shall
302		-	notify the district attorney and the court when notice has been
303		-	served to the last person in possession of the property or published
304		-	pursuant to this section. The hearing shall be held not less than
305		-	ten (10) days or more than twenty ( 20) fifteen (15) days after the
306		-	court has been notified that the notice has been served or
307		-	published. Proof of service or publication shall be filed with the
308		-	court clerk before the hearing. For the sole purpose of conducting
309		-	a due process hearing to esta blish ownership of the property,
310		-	"magistrate" as used in this section shall mean a judge of the
311		-	district court, associate district judge, special judge or the judge
312		-	of a municipal criminal court of record when established pursuant to
313		-	Section 28-101 et seq. of Title 11 of the Oklahoma Statutes.
314		-
315		-	D. If the magistrate determines that the property is needed as
316		-	evidence, the magistrate shall determine ownership or right of ENR. H. B. NO. 2225 Page 8
317		-	possession and determine the procedure and time frame for future
318		-	release. The magistrate may order the release of property needed as
319		-	evidence pursuant to Section 1327 of this title, provided however,
320		-	the order may require the owner to present the property at trial.
321		-	The property shall be made available to the owner within ten (10)
322		-	twenty (20) days of the court order for release. The magistrate may
323		-	authorize ten (10) days additional time for the return of the
324		-	exhibit if the district attorney shows cause that additional time is
325		-	needed to photograph or mark the exhibit.
326		-
327		-	E. If the property is n ot needed as evidence, it may be
328		-	released by the magistrate to the owner or designated representative
329		-	of the owner upon satisfactory proof of ownership or to the person
330		-	last in possession prior to seizure . The owner of the property or
331		-	designated represent ative of the owner may make application to the
332		-	magistrate for the return of the property. The owner shall provide
333		-	satisfactory proof of title to the property or sign an affidavit of
334		-	ownership if documents of title do not exist. If an affidavit of
335		-	ownership or affidavit of right of possession is used to establish
336		-	ownership or right of possession, the claimant may also be required
337		-	to sign an agreement to indemnify and defend the custodians of the
338		-	property in the event of an adverse claim to the property. The
339		-	applicant shall notify the last person in possession of the property
340		-	prior to such property being seized by the state of the hearing by
341		-	mailing a copy of the notice by certified mail return receipt
342		-	requested at the last -known address of the person, unle ss the person
343		-	has signed a nonownership affidavit pursuant to this section
344		-	disclaiming any ownership rights to the property. If the last
345		-	person in possession of the property is unable to be served notice
346		-	by certified mail, notice shall be provided by one publication in a
347		-	newspaper of general circulation in the county where the property is
348		-	held in custody. The applicant shall notify the district attorney
349		-	and the court when notice has been served to the last person in
350		-	possession of the property or published pursuant to this section.
351		-	The hearing shall be held not less than ten (10) fifteen (15) days
352		-	or more than twenty (20) days after the court has been notified that
353		-	the notice has been served or published. An affidavit of service or
354		-	publication shall be fi led with the court prior to the hearing.
355		-
356		-	F. The notice and hearing provisions of subsections C and E of
357		-	this section shall not be required for return of the property
358		-	specified in said subsections if:
359		-
360		-	1. There is no dispute concerning the ownership of t he
361		-	property; ENR. H. B. NO. 2225 Page 9
362		-
363		-	2. The property is readily identifiable by the owner; and
364		-
365		-	3. The defendant has entered a plea of guilty or nolo
366		-	contendere to the criminal charge, has executed a nonownership
367		-	affidavit as provided by subsection C of this section or has bee n
368		-	personally notified that the property will be returned to the owner
369		-	and has failed to file an objection to such return within ten (10)
370		-	eleven (11) days of being notified. The owner shall provide
371		-	satisfactory proof of title to the property or sign an aff idavit of
372		-	ownership or right of possession to be provided by the peace
373		-	officer. If an affidavit of ownership or affidavit of right of
374		-	possession is used to establish ownership or right of possession,
375		-	the claimant may also be required to sign an agreement to indemnify
376		-	and defend the custodians of the property in the event of an adverse
377		-	claim to the property. The affidavit is not admissible in any
378		-	proceeding to ascertain the guilt or innocence of the defendant. A
379		-	copy of this affidavit shall be filed by th e officer with the court
380		-	clerk. The property shall then be returned to the owner or person
381		-	with right of possession.
382		-
383		-	G. When property alleged to have been stolen comes into the
384		-	custody of a peace officer and the property is deemed to be
385		-	perishable, the peace officer shall take such action as appropriate
386		-	to temporarily preserve the property. However, within seventy -two
387		-	(72) hours of the time the property was recovered, the receiving
388		-	agency shall make application for a disposition hearing before a
389		-	magistrate, and the receiving agency shall notify by first-class
390		-	mail all persons known to have an interest in the property of the
391		-	date, time and place of the hearing.
392		-
393		-	H. In any case, the magistrate may, for good cause shown, order
394		-	any evidence or exhibit to be retained pending the outcome of any
395		-	appeal or action for postconviction relief .
396		-
397		-	I. Any time property comes into the custody of a municipality,
398		-	a county, or this state as a result of any contact with any peace
399		-	officer, criminal investigation or other sit uation where the return
400		-	of the property is prohibited by any municipal, state or federal law
401		-	or when the property has disputed ownership or multiple claimants,
402		-	the municipality, county or state shall advise the claimant to file
403		-	an application with the appr opriate district court. Upon filing an
404		-	application for a hearing, the claimant shall provide notice by
405		-	first-class mail to all interested persons including the government
406		-	entity having custody of the property. The government entity having ENR. H. B. NO. 2225 Page 10
407		-	custody of the property may also seek a hearing regarding the
408		-	disposition of the property. The hearing shall be scheduled not
409		-	less than fifteen (15) days after the notice is mailed. Unless the
410		-	property is being held in connection with a filed criminal charge,
411		-	the proceeding shall be considered a civil matter and shall be filed
412		-	in the county where the property is being held. If a criminal
413		-	charge has been filed, the matter shall be heard by the judge who
414		-	has been assigned to the criminal case . At the hearing the court
415		-	shall make a judicial determination as to the proper and lawful
416		-	release or other disposition of the property. If the property at
417		-	issue is a firearm or other weapon, the court may order the property
418		-	destroyed if the court determines that the owner of the fi rearm or
419		-	weapon is mentally or emotionally unstable or disturbed or cannot
420		-	legally possess the firearm or weapon.
421		-
422		-	J. The application, notice and hearing provisions of subsection
423		-	I of this section shall include, but are not limited to, all
424		-	situations where the peace officer has reason to believe:
425		-
426		-	1. One of the persons asserting a right to the return of any
427		-	firearm or other weapon is or was mentally or emotionally unstable
428		-	or disturbed at the time the weapon was placed in custody or at the
429		-	time of the request for the return of the weapon;
430		-
431		-	2. One of the persons asserting a right to the return of a
432		-	firearm or other weapon is subject to a victim protection order that
433		-	would preclude the return of any weapon as a matter of law;
434		-
435		-	3. One of the persons asserti ng a right to the return of any
436		-	firearm or other weapon is under indictment or has been convicted of
437		-	a felony;
438		-
439		-	4. One of the persons asserting a right to the return of any
440		-	firearm or other weapon has a misdemeanor conviction for domestic
441		-	abuse as defined by law;
442		-
443		-	5. The ownership of the property is unclear due to multiple
444		-	claimants or disputes among heirs or next of kin for the property of
445		-	the deceased; or
446		-
447		-	6. The return of the property could subject the municipality,
448		-	the county, or this state to potent ial liability for its return.
449		-
450		-	SECTION 3. AMENDATORY 22 O.S. 2011, Section 1322, is
451		-	amended to read as follows: ENR. H. B. NO. 2225 Page 11
452		-
453		-	Section 1322. On satisfactory proof of title to the property,
454		-	the magistrate before whom the information is laid, or who examines
455		-	the charge against the person accused of stealing or embezzling the
456		-	property, may order it to be delivered to the owner on his or her
457		-	paying the reasonable and necessary expenses incurred in its
458		-	preservation, to be certified by the magistrate . The order entitles
459		-	the owner to demand and receive the property. Such property shall
460		-	be made available to the owner within ten (10) twenty (20) days of
461		-	the issuance of the order. The court, however, may keep the
462		-	property as evidence or on the issuance of an order, require the
463		-	owner to present such property at trial.
464		-
465		-	SECTION 4. AMENDATORY 22 O.S. 2011, Section 1326, is
466		-	amended to read as follows:
467		-
468		-	Section 1326. When money or other property is taken from a
469		-	defendant arrested u pon a charge of public offense, the officer
470		-	taking it must at the time give duplicate receipts therefor,
471		-	specifying particularly the amount of money or the kind of property
472		-	taken. One of which receipts he the officer must deliver to the
473		-	defendant or to the detention officer holding the detainee's
474		-	personal property, and the other of which he the officer must file
475		-	with the clerk of the court to which the depositions and statement
476		-	must be sent, as provided in the last section of the chapter on
477		-	preliminary examination, 6641 officer's chief law enforcement
478		-	officer or designee.
479		-
480		-	SECTION 5. This act shall become effective November 1, 2021.
481		-
482		-
483		-	ENR. H. B. NO. 2225 Page 12
484		-	Passed the House of Representatives the 4th day of May, 2021.
485	1329
486	1330
487	1331
488	1332		Presiding Officer of the House
489	1333		of Representatives
490	1334
491		-	Passed the Senate the 21st day of April, 2021.
	1335	+
	1336	+	Passed the Senate the ___ day of __________, 2021.
	1337	+
492	1338
493	1339
494	1340
495	1341		Presiding Officer of the Senate
496	1342
497	1343
498	1344
499		-
500		-	OFFICE OF THE GOVERNOR
501		-	Received by the Office of the Governor this ____________________
502		-	day of ___________________, 20_______, at _______ o'clock _______ M.
503		-	By: _________________________________
504		-	Approved by the Governor of the State of Oklahoma this _________
505		-	day of ___________________, 20_______, at _______ o'clock _______ M.
506		-
507		-
508		-	_________________________________
509		-	Governor of the State of Oklahoma
510		-
511		-	OFFICE OF THE SECRETARY OF STATE
512		-	Received by the Office of the Secretary of State this __________
513		-	day of ___________________, 20_______, at _______ o'clock _______ M.
514		-	By: _________________________________
515		-