Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB29 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. S. B. NO. 29 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 58th Legislature (2021)
34		-
35	28		ENGROSSED SENATE
36	29		BILL NO. 29 By: Bergstrom of the Senate
37	30
38	31		and
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40	33		Hardin (David) of the House
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45	38		An Act relating to forcible entry and deta iner;
46	39		amending 12 O.S. 2011, Sections 1148.10 and 1148.10A,
47	40		which relate to writs of execution; modifying certain
48	41		form; specifying restor ation of physical possession
49	42		to plaintiff under certain circumstances; making
50	43		language gender neutral; and providing an effective
51	44		date.
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57	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	49		SECTION 1. AMENDATORY 12 O.S. 2011, Section 1148.10, is
59	50		amended to read as follows:
60	51		Section 1148.10. If judgment be for plaintiff, the court shal l,
61	52		at the request of the plaintiff, his or her agent or attorney, issue
62	53		a writ of execution thereon, which shall be in substantially the
63	54		following form:
64	55		The State of Oklahoma, _______ County.
65	56		The State of Oklahoma to the Sheriff of ________ County:
	57	+	Whereas, in a certain action for the forcible en try and
	58	+	detention (or for the forcible detention as the case may b e) of the
	59	+	following described premises, to wit: __________ ____ lately tried
	60	+	before me, wherein _____ ____ was plaintiff, and _______ was
	61	+	defendant, judgment was rendered on the ____ day of _ _____, 1920__,
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67		-	SB29 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 29 Page 2 1
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93		-	Whereas, in a certain ac tion for the forcible entry and
94		-	detention (or for the forcible detention as the case may be) of the
95		-	following described premises, to wit: ______________ lately tried
96		-	before me, wherein _________ was plaintiff, and _______ was
97		-	defendant, judgment was rende red on the ____ day of ______, 1920__,
98	88		that the plaintiff have restitution of said premise s; and also that
99	89		he recover rent, attorney fees and costs in the sum of ______; you,
100	90		therefore, are hereby commanded to cause the defendant to be
101	91		forthwith removed from said premises and the said plaintiff to have
102	92		restitution or physical possession or both of the same; also that
103	93		you levy on the goods and chattels of the said defendant, and make
104	94		the costs aforesaid, and all accruing costs, and of this writ, make
105	95		legal service and due return.
106	96		Witness my hand this _____ day of ________, 1920__.
107	97		_______________
108	98		A.B., Judge
109	99		A motion for a new trial may be filed only within three (3) days
110	100		of judgment but shall not operate to stay execution.
111	101		SECTION 2. AMENDATORY 12 O.S. 2011, Sectio n 1148.10A, is
112	102		amended to read as follows:
113	103		Section 1148.10A. A. The plaintiff or agent of the plaintiff
114	104		or officer shall immediately notify the defendant in person or b y
115	105		posting of said notice that the plaintiff o r agent of the plaintiff
116	106		or officer shall return in forty-eight (48) hours to restore the
	107	+	plaintiff possession of the premises by executing the writ
	108	+	prescribed in Section 1148.10 of this title and shall make lev y to
	109	+	collect the amount of the judgment and a ll accruing costs.
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118		-	SB29 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	111	+	ENGR. S. B. NO. 29 Page 3 1
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144		-	plaintiff possession of the premises by executing the writ
145		-	prescribed in Section 1148.10 of this title and shall make levy to
146		-	collect the amount of the judgment and all acc ruing costs.
147	136		B. The original writ of execution issued as provided by Section
148	137		1148.10 of this title shall be filed in the action in the manner
149	138		provided for judgments in civil cases.
150	139		C. The plaintiff or ag ent of the plaintiff may execute the writ
151	140		upon the defendant by personally serving a c ertified copy of the
152	141		writ upon the defendant or upon a person authorized to receive
153	142		service of process as provided by Section 2004 of this title. If
154	143		the plaintiff or age nt of the plaintiff is unable to personally
155	144		serve the defendant or a person authorized to receive service of
156	145		process as provided by Section 2 004 of this title, the plaintiff or
157	146		agent of the plaintiff may post a notice in a conspicuous place at
158	147		the premises address that the plaintiff or agent of the p laintiff
159	148		shall return at a specified date and time, which shall be not less
160	149		than forty-eight (48) hours from the time of posting, to restore the
161	150		plaintiff to physical possession of the premises by executing the
162	151		writ prescribed in Section 1148.10 of this ti tle.
163	152		D. Any person who wrongfully refuse s to surrender physical
164	153		possession of the premises desc ribed in the writ of execution upon
165	154		service of the writ by the plaintiff or the agent of the plaintiff
166	155		shall, upon conviction, be dee med guilty of a trespass an d may be
167	156		punished by a fine in an amount not to exceed Five Hundred Dollars
	157	+	($500.00) or by conf inement in the county jail for a period not to
	158	+	exceed thirty (30) days or by both such fine and imprisonment.
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169		-	SB29 HFLR Page 4
170		-	BOLD FACE denotes Committee Amendments. 1
	160	+	ENGR. S. B. NO. 29 Page 4 1
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195		-	($500.00) or by confinement in the county jail for a period not to
196		-	exceed thirty (30) days or by both such fine and imprisonment.
197	185		E. The plaintiff or th e agent of the plaintiff ma y summon
198	186		either the sheriff of the county or the law enforcement agency of
199	187		the city or town in w hich the premises are located for assistance in
200	188		executing the writ.
201	189		F. The plaintiff’s, the agent of the plaintiff ’s, or the
202	190		officer’s return shall be as upon other executions. Within two (2)
203	191		days of the date of the judgment, the defendant may post a
204	192		supersedeas bond conditioned as provided by law. This time limit
205	193		may be enlarged by a trial judge ’s order to not more than seven (7)
206	194		days after the date of judgme nt. The posting of a supersedeas bond
207	195		shall not be construed to relieve the defendant of his or her duty
208	196		to pay current rent as it becomes due while the appeal is pending.
209	197		The rent shall be paid into the court clerk ’s office together wi th
210	198		poundage. If there be controversy as to the amount of r ent, the
211	199		judge shall determine by order how much shall be paid in what time
212	200		intervals. Withdrawal by the plaintiff of rent deposited in the
213	201		court clerk’s office pending appeal shall not operate to estop him
214	202		or her from urging on appeal his or her right to the possession of
215	203		the premises. Failure to pay curren t rentals while the appeal is
216	204		pending shall be considered as abandonment of the appeal.
	205	+	SECTION 3. This act shall become effective November 1, 2021.
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218		-	SB29 HFLR Page 5
219		-	BOLD FACE denotes Committee Amendments. 1
	207	+	ENGR. S. B. NO. 29 Page 5 1
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244		-	~~SECTION 3.~~ ~~This act shall become effective November 1~~, 2021.
	232	+	Passed the Senate the 9th day of March, 2021.
245	233
246		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
247		-	03/30/2021 - DO PASS.
	234	+
	235	+
	236	+	Presiding Officer of the Senate
	237	+
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	239	+	Passed the House of Representatives the ____ day of __________,
	240	+	2021.
	241	+
	242	+
	243	+
	244	+	Presiding Officer of the House
	245	+	of Representatives
	246	+