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ENGROSSED SENATE
BILL NO. 1688 By: Standridge of the Senate
and
West (Kevin) of the House
[ civil asset forfeiture - property subject to
forfeiture - certain illegal purposes - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -503, is
amended to read as follows:
Section 2-503. A. The following shall be subject to
forfeiture:
1. All controlled dangerous substances a nd synthetic controlled
substances which have been manufactured, distributed, disp ensed,
acquired, concealed or possesse d in violation of the Uniform
Controlled Dangerous Substances Act;
2. All raw materials, products and equipment of any kind and
all drug paraphernalia as defined by the Uniform Controlled
Dangerous Substances Act, whi ch are used, or intended for use, in
manufacturing, compounding, processing, delive ring, importing or
exporting, injecting, ingesting, inhaling, or otherwise introducing
into the human body any controlled dangerous substance or synthetic
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controlled substance in violation of the provisions of t he Uniform
Controlled Dangerous Substances Ac t;
3. All property which is used, or intended for use, as a
container for property describ ed in paragraphs 1, 2, 5 and 6 of this
subsection;
4. All conveyances, including aircraft, vehicles, vessels, or
farm implements which are used to transport, concea l, or cultivate
for the purpose of distribution as defined in the Uniform Controlled
Dangerous Substances Act, or which are used in any manner to
facilitate the transportati on or cultivation for the purpose of s ale
or receipt of property described in parag raphs 1 or 2 of this
subsection or when the property described in paragraphs 1 or 2 of
this subsection is unlawfully possessed by an occupant thereof,
except that:
a. no conveyance used by a person as a common c arrier in
the transaction of business as a co mmon carrier shall
be forfeited under the provisions of the Uniform
Controlled Dangerous Su bstances Act unless it shall
appear that the owner or other person in charge of
such conveyance was a consenting party o r privy to a
violation of the Uniform Control led Dangerous
Substances Act, and
b. no conveyance shall be forfeited under the provisions
of this section by reason of any act or omission
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established by the owner thereof to have been
committed or omitted with out the knowledge or consent
of such owner, and if the act is committed by any
person other than such owner the owner shall establish
further that the conveyance was unlawfully in the
possession of a person other than the owner in
violation of the criminal laws of the United States,
or of any state;
5. All books, records and research, including formulas,
microfilm, tapes and data which ar e used in violation of the Uniform
Controlled Dangerous Substances Act;
6. All things of value furnished, or intended t o be furnished,
in exchange for a controlled dangerous substance in violation of the
Uniform Controlled Dangerous Substances Act, all pr oceeds traceable
to such an exchange, and all monies, negotiable instruments, and
securities used, or intended to be use d, to facilitate any violation
of the Uniform Controlled Dangerous Substances Act;
7. All monies, coin and currency found in close prox imity to
any amount of forfeitable substances, to forfeitable drug
manufacturing or distribution paraphernalia or to for feitable
records of the importation, manufact ure or distribution of
substances, which are rebuttably presumed to be forfeitable under
the Uniform Controlled Dangerous Substances Act. The burden of
proof is upon claima nts of the property to rebut this pres umption;
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8. All real property, including any right, title, and interest
in the whole of any lot or tract of land and any appurtenance o r
improvement thereto, which is used, or intended to be used, in any
manner or part, to commit, or to facilitate the com mission of, a
violation of the Uniform Contro lled Dangerous Substances Act which
is punishable by imprisonment for more than one (1) yea r, except
that no property right, title or interest shall be forfeited
pursuant to this paragraph, by reason of any act or omission
established by the owner thereof to have been committed or omitted
without the knowledge or consent of that owner; and
9. All weapons possessed, used or available for use in any
manner to facilitate a viol ation of the Uniform Controlled Danger ous
Substances Act; and
10. Property possess ed, used, or available for use in the
cultivation, distribution, processing, sale , or transfer of
marijuana by any person or business entity not licensed by the
Oklahoma Medical Marijuana Authority or otherwise in violation of
the medical marijuana laws in this state.
B. Any property or thing of value of a person is subject to
forfeiture if it is established by a preponderance of the evidence
that such property or thing of val ue was acquired by such person
during the period of the violation of the U niform Controlled
Dangerous Substances Act or within a reasonable time after such
period and there was no likely source for such property or thing of
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value other than the violation o f the Uniform Controlled Dangerous
Substances Act.
C. Any property or thi ng of value of a person is subject to
forfeiture if it is established by a preponderance of the evid ence
that the person has not paid all or part of a fine imposed pursuant
to the provisions of Section 2 -415 of this title.
D. All items forfeited in this s ection shall be forfeited under
the procedures established in Section 2 -506 of this title. Whenever
any item is forfeited pursuant to this section except for items
confiscated by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Depa rtment of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enf orcement
Commission, the Department of Corrections, or the Office of the
Attorney General, the district court of the district shall order
that such item, money, or monies derived from the sale of such item
be deposited by the state, county or city law enfo rcement agency
which seized the item in the revolving fund provided for in Section
2-506 of this title; provided, such item, money or monies derived
from the sale of such item forfeited due to nonpayment of a fine
imposed pursuant to the provisions of Sect ion 2-415 of this title
shall be apportioned as provided in Section 2 -416 of this title.
Items, money or monies seized pursuant to subsections A and B of
this section shall not be applied or considered toward satisfaction
of the fine imposed by Section 2 -415 of this title. All raw
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materials used or intended to be used by persons to un lawfully
manufacture or attempt to manufacture any controlled dangerous
substance in violation of the Uniform Controlled Dangerous
Substances Act shall be summarily forfeited pursuant to the
provisions of Section 2-505 of this title.
E. All property taken or detained under this section by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Department of Public Safety, the Oklahoma State Bureau of
Investigation, the Alcoholic Beverage Laws Enforcement Commission,
the Department of Correc tions, or the Office of the Attorney
General, shall not be repleviable, bu t shall remain in the custody
of the Bureaus, Departments, Commission, or Office, respectively,
subject only to the orders and decrees of a court of competent
jurisdiction. The Dire ctor of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control , the Commissioner of Public
Safety, the Director of the Oklahoma State Bureau of Investigation,
the Director of the Alcoholic Beverage Laws Enforcement Commission,
the Director of the Department of Corrections, and the Attorney
General shall follow the pr ocedures outlined in Section 2 -506 of
this title dealing with notification of seizure, intent of
forfeiture, final disposition procedures, and release to innocent
claimants with regard to all property included in this section
detained by the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
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Commission, the Department of Corrections, or the Office of the
Attorney General. Property taken or detained by the Oklahoma State
Bureau of Narcotics and D angerous Drugs Control, the Department of
Public Safety, the Oklahoma State Bureau of Investigation, the
Alcoholic Beverage Laws Enforcement Commission, the Department of
Corrections, or the Office of the Attorney General shall be disposed
of or sold pursuant to the provisions of Section 2 -508 of this
title. Any money, coins, and currency, taken or deta ined pursuant
to this section may be deposited in an interest bearing account by
or at the direction of the State Treasurer if the seizing agency
determines the currency is not to be held as evidence. All interest
earned on such monies shall be returned t o the claimant or forfeited
with the money, coins, and currency which was taken or detained as
provided by law.
F. The proceeds of any forfeiture of items seized by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall
be distributed as follows:
1. To the bona fide or innocent purchaser, conditional sales
vendor or mortgagee of the property, if any, up to the amount of his
interest in the property, when the court declaring a forfeiture
orders a distribution to such person; and
2. The balance to the Bureau of Narcotics Revolving Fund
established pursuant to Section 2 -107 of this title, provided the
Bureau may enter into agreements with mun icipal, tribal, county,
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state or federal law enforcement agencies, or other state agencies
with CLEET-certified law enforcement officers, assisting in the
forfeiture or underlying cr iminal investigation, to return to such
an agency a percentage of said pro ceeds.
G. Any agency that acquires seized or forfeited property or
money shall maintain a true and accurate inventory and record of all
such property seized pursuant to this section .
SECTION 2. This act shall become effective N ovember 1, 2022.
Passed the Senate the 23rd day of March, 2022.
Presiding Officer of the Senate
Passed the House of Re presentatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives