Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1763

Introduced
2/7/22  
Refer
2/8/22  
Report Pass
2/15/22  
Engrossed
2/28/22  
Refer
3/29/22  

Caption

Asset forfeiture; modifying parties eligible to bring certain actions. Effective date.

Impact

By updating Section 1738 of the Oklahoma Statutes, the bill specifically describes the types of property that can be forfeited, including various conveyances and assets linked to serious offenses such as human trafficking, theft, and firearm-related crimes. The changes in the bill reflect an ongoing effort to modernize the asset forfeiture framework in Oklahoma, with the intent to improve law enforcement's ability to combat crime through the effective use of seized assets. Additionally, provisions are included to ensure that property owners are protected if they can prove they were unaware of the illicit use of their property.

Summary

Senate Bill 1763 modifies existing regulations on asset forfeiture within the state of Oklahoma. It aims to amend the eligibility criteria for parties authorized to initiate forfeiture actions, potentially impacting the enforcement capabilities of local law enforcement agencies. The bill delineates the types of property that can be seized, emphasizing the parameters under which law enforcement can act when property is believed to have been used in the commission of a crime. This legislation is designed to streamline the process for law enforcement agencies to assert control over properties related to criminal activities, thereby facilitating the prosecution of such cases.

Sentiment

The sentiment surrounding SB 1763 appears to be mixed within the legislative discussions. Supporters argue that the bill enhances law enforcement's tools in the fight against crime and helps ensure that criminal enterprises do not benefit from their actions. Conversely, opponents express concerns regarding potential abuses of power and the rights of property owners. They highlight the need for checks and balances to ensure that seizure actions are justified and do not infringe on individual rights without due process.

Contention

Notable points of contention regarding SB 1763 center around issues of due process and property rights. Critics fear that the bill could lead to overreach by law enforcement agencies, allowing for the improper seizure of property from individuals who may not be involved in criminal activities. As the bill progresses, the balance between effective law enforcement and the protection of individual rights remains a key area of debate among legislators and advocacy groups alike.

Companion Bills

No companion bills found.

Similar Bills

OK HB1619

Asset forfeiture proceedings; seizure of property; publication of notices on certain website; effective date.

OK HB1619

Asset forfeiture proceedings; seizure of property; publication of notices on certain website; effective date.

OK HB3411

Crimes and punishments; allowing state agencies to bring certain forfeiture actions; effective date.

OK HB1328

Crimes and punishments; providing for the seizure and forfeiture of equipment or instrumentalities used in the commission of certain criminal offenses; effective date.

OK HB1328

Crimes and punishments; providing for the seizure and forfeiture of equipment or instrumentalities used in the commission of certain criminal offenses; effective date.

OK HB3752

Crimes and punishments; making certain acts unlawful; providing penalties; forfeiture of property; emergency.

CA SB820

Cannabis: enforcement: seizure of property.

IN SB0295

Criminal forfeiture.