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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 526 By: Dahm
AS INTRODUCED
An Act relating to asset forfeiture transparenc y;
amending 51 O.S. 2011, Section 24A.8, as last amended
by Section 2, Chapter 370, O.S.L. 2 015 (51 O.S. Supp.
2020, Section 24A.8), which relates to law
enforcement records; making certain reports available
for public inspection; amending 63 O.S. 2011, Se ction
2-506, as last amended by Section 1 , Chapter 225,
O.S.L. 2016 (63 O.S. Supp. 20 20, Section 2-506),
which relates to seizure of property; requiring
submission of certain report; requiring publication
of report on certain website ; updating language; an d
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.8, as
last amended by Section 2, Chapter 370, O.S.L. 2015 (51 O.S. Supp.
2020, Section 24A.8), is amended to read as follows:
Section 24A.8. A. Law enforcement agencies shall ma ke
available for public ins pection and copying, if kept, the following
records:
1. An arrestee description , including the name, date of birth,
address, race, sex, phy sical description, and occupation of the
arrestee;
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2. Facts concerning the arrest , including the cause of arrest
and the name of the arresting officer;
3. A chronological list of all incidents , including initial
offense report information showing the off ense, date, time, general
location, officer, and a brief summary of what occurred;
4. Radio logs, including a chronological listing of the calls
dispatched;
5. Conviction information , including the name of any person
convicted of a criminal offense;
6. Disposition of all warrants , including orders signed by a
judge of any court commanding a law enforcement officer to arrest a
particular person;
7. A crime summary, including an agency summary of crimes
reported and public calls for service by classificat ion or nature
and number;
8. Jail registers, including jail blotter data or jail booking
information recorded on pe rsons at the time of incarceration showing
the name of each prisoner with the date and cause of commitment, the
authority committing the pri soner, whether committed for a crimina l
offense, a description of the prisoner , and the date or manner of
discharge or escape of the prisoner;
9. Annual reports submitted pursuant to subsection T of Section
2-506 of Title 63 of the Oklahoma Statutes;
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10. Audio and video recordings from recor ding equipment
attached to law enforcement vehicles or associated audio record ings
from recording equipment on the person of a law enforcement officer;
provided, the law enforcement agency may, before releasing any aud io
or video recording provided for in this paragraph, redact or obscure
specific portions of the recording which:
a. depict the death of a person or a dead body, unless
the death was effected by a law enforcement officer,
b. depict nudity,
c. would identify minors under the age of sixteen (16)
years or would undermine any requirement to keep
certain juvenile records con fidential as provided for
in Title 10A of the Oklahoma Statutes,
d. depict acts of severe violence resulting in great
bodily injury, as defi ned in Section 11-904 of Title
47 of the Oklahoma Statutes, against persons that are
clearly visible, unless the act of severe violence was
effected by a law enforcement officer,
e. depict great bodily injury, as defined in Section 11 -
904 of Title 47 of th e Oklahoma Statutes, unless the
great bodily injury was effected by a law enforcement
officer,
f. include personal medical information that is not
already public,
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g. would undermine the assertion of a privilege provided
in Section 1-109 or Section 3-428 of Title 43A of the
Oklahoma Statutes fo r detention or transportation for
mental health evaluation or treatment or dru g or
alcohol detoxification purposes,
h. include personal information other than the name or
license plate number of a person not arrested, cited,
charged or issued a written war ning. Such personal
information shall include any government-issued
identification number, date of birth, address or
financial information, or
i. reveal the identity of law enforcement officers who
have become subject to internal investigation by the
law enforcement agency as a result of an event
depicted in the recording. The opt ion to protect the
identity of a law enforcement officer shall not be
available to the law enforcement agency after the law
enforcement agency has concluded the investigation and
rendered a decision as to final disciplinary actio n.
At such time when an in vestigation has concluded and
the law enforcement agency has rendered its decision
as to final disciplinary action, the portions of the
recordings previously withheld as provided for in this
subparagraph shall be available for pu blic inspection
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and copying. The audio and video recordings withheld
as provided for in this subparagraph shall be
available for public inspection and copying before the
conclusion of the investigation if the investigation
lasts for an unreasonable amount of time; and
10.
11. a. Audio and video recordings from recording equipment
attached to the person of a law enforcement officer
that depict:
(1) the use of any physi cal force or violence by a
law enforcement officer,
(2) pursuits of any kind,
(3) traffic stops,
(4) any person being arrested, cited, charged or
issued a written warning,
(5) events that directly led to any person being
arrested, cited, charged or receivi ng a written
warning,
(6) detentions of any length for the purpose of
investigation,
(7) any exercise of authority b y a law enforcement
officer that deprives a citizen of his or her
liberty,
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(8) actions by a law enforcement officer that have
become the cause of an investigation or charges
being filed,
(9) recordings in the public interest that may
materially aid a deter mination of whether law
enforcement officers are appropriately performing
their duties as public servants, or
(10) any contextual events occ urring before or after
the events depicted in divisions (1) through (9)
of this subparagraph.
b. Notwithstanding the provisions of subparagraph a of
this paragraph, the law enforcement agency may, before
releasing any audio or video recording provided for in
this paragraph, redact or obscure s pecific portions of
the recording that:
(1) depict the death of a person or a dead body,
unless the death was effected by a law
enforcement officer,
(2) depict nudity,
(3) would identify minors under the age of sixteen
(16) years or would undermine any req uirement to
keep certain juvenile records confident ial as
provided for in Titl e 10A of the Oklahoma
Statutes,
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(4) depict acts of severe violence resulting in great
bodily injury, as defined in Section 11 -904 of
Title 47 of the Oklahoma Statutes, against
persons that are clearly visible, unless the act
of severe violence was effected by a law
enforcement officer,
(5) depict great bodily injury, as defined in Section
11-904 of Title 47 of the Oklahoma Statutes,
unless the great bodily injury was effected by a
law enforcement officer,
(6) include personal medi cal information that is not
already public,
(7) undermine the assertion of a privilege as
provided in Section 1 -109 or Section 3-428 of
Title 43A of the Oklahoma Statu tes for detention
or transportation fo r mental health evaluation or
treatment or drug or alcohol detoxification
purposes,
(8) identify alleged victims of sex crimes or
domestic violence,
(9) identify any person who provides information to
law enforcement or the information provided by
that person when that person requests anonymity
or where disclosure of the identity of the person
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or the information provided could reasonably be
expected to threaten or endanger the physical
safety or property of the person o r the physical
safety or property of o thers,
(10) undermine the assertion of a privilege to keep
the identity of an informer confidential as
provided for in Section 2510 of Title 12 of the
Oklahoma Statutes,
(11) include personal information other than the name
or license plate number of a per son not
officially arrested, cited, charged or issu ed a
written warning. Such personal information shall
include any government -issued identification
number, date of birth, address or financial
information,
(12) include information that would materially
compromise an ongoing criminal investigation or
ongoing criminal prosecution, p rovided that:
(a) ten (10) days following the formal
arraignment or initial appearance, whichever
occurs first, of a person charged in the
case in question, the recording shall b e
made available for public inspection and
copying with no redaction of the po rtions
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that were temporarily withheld by reliance
on this division. Provided, before
potential release of a recording as provided
for in this subdivision, the prosecutor or
legal representative of the person charged
may request from the appropriate distri ct
court an extension of time during which the
recording may be withheld under the
provisions of this division. When a request
for an extension of time has been filed with
the court, the recording in question may be
withheld until the court has issued a
ruling. Such requests for an extension of
the time during which the recording may be
withheld may be made on the grounds that
release of the recording will materially
compromise an ongoing criminal investigation
or criminal prosecution or on the grounds
that release of the recording will
materially compromise the right of an
accused to a fair trial that has yet to
begin. Courts considering su ch requests
shall conduct a hearing an d consider whether
the interests of the public outw eigh the
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interests asserted by the parties. In
response to such requests, the court shall
order that the recording be made available
for public inspection and copying with no
redaction of the portions tha t were
temporarily withheld by reliance on this
division or order an extension of time
during which the recording may be withheld
under the provisions of this division.
Provided further, each such time extension
shall only be ordered by the court for an
additional six-month period of time or less
and cumulative time extensions shal l not add
up to more than eighteen (18) months, or
(b) in the event that one hundred twenty (120)
days expire from the date of the events
depicted in the recording without any pe rson
being criminally charged in the case in
question and release of a recordi ng or
portions of a recording have been denied on
the grounds provided for in this division,
an appeal of such denial may be made to the
appropriate district court. In situation s
where one hundred twenty (120) days have
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expired since the creation of the r ecording,
criminal charges have not been filed against
a person and the recording is being withheld
on the grounds provided for in this
division, courts considering appeals to th e
use of the provisions of this division for
temporarily withholding a recordi ng shall
conduct a hearing and consider whether the
interests of the public outweigh the
interests of the parties protected by this
division. In response to such appeals, the
district court shall order that the
recording be made available for public
inspection and copying with no redaction of
the portions that were temporarily withheld
by reliance on this division or order an
extension of time during which the recording
may be withheld under the provisions of this
division. An order granting an extension of
time shall be applicable to the recording
against all appellants for the duration of
the extension. Provided, each such time
extension shall only be ordered by the
district court for an additional twelve -
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month period of time or less and cumulative
time extensions shall not add up to more
than three (3) years. Provided, charges
being filed against a person in the case in
question automatically cancels any extension
of time. A new request for an extension of
time following an arraignment or initial
appearance may be requested by the parties
on the grounds and under the terms provided
for in subdivision (a) of this division.
The options presented in this division to
potentially withhold a recording or portions of a
recording on the grounds provided for in this
division shall expire in totality four (4) years
after the recording was made at which time all
recordings previously withheld on the grounds
provided for in this division shall be made
available for public inspection and c opying, or
(13) reveal the identity of law enforcement officers
who have become subject to internal investigation
by the law enforcement agency as a result of an
event depicted in the recording. The optio n to
protect the identity of a law enforcement offi cer
shall not be available to the law enforcement
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agency after the law enforcement agency has
concluded the investigation and rendered a
decision as to final disciplin ary action. At
such time when an inve stigation has concluded and
the law enforcement age ncy has rendered its
decision as to final disciplinary action, the
portions of the recordings previously withheld as
provided for in this division shall be available
for public inspection and copying. The audio and
video recordings withheld on the grounds provided
for in this division shall be available for
public inspection and copying before the
conclusion of the investigation if the
investigation lasts for an unreas onable amount of
time.
B. Except for the records listed in subsection A of this
section and those made open by othe r state or local laws, law
enforcement agencies may deny access to law enforcement records
except where a court finds that the public intere st or the interest
of an individual outweighs the reason for denial. The provisions of
this section shall not opera te to deny access to law enforcement
records if such records have been previously made available to the
public as provided in the Oklahoma O pen Records Act or as otherwise
provided by law.
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C. Nothing contained in this section im poses any new
recordkeeping requirements. Law enforcement records shall be kept
for as long as is now or may hereafter be specified by law. Absent
a legal requirement for the keeping of a law enforcement record for
a specific time period, law enforcement agencies shall maintain
their records for so long as needed for administrative purposes.
D. Registration files maintained by the Department of
Corrections pursuant t o the provisions of the Sex Offenders
Registration Act shall be made available for public inspection in a
manner to be determined by the Department.
E. The Council on Law Enforcement Education and Training
(C.L.E.E.T.) shall keep confidential all records it maintains
pursuant to Section 3311 of Title 70 of the Oklahoma Statutes and
deny release of records relating to a ny employed or certified full -
time officer, reserve officer, retired officer or other person;
teacher lesson plans, tests and other teaching materials; and
personal communication s concerning individual students except under
the following circumstances:
1. To verify the current certification status of any peace
officer;
2. As may be required to perform the duties imposed by Section
3311 of Title 70 of the Oklahoma Statutes;
3. To provide to any peace officer copies of the record s of
that peace officer upo n submitting a written request;
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4. To provide, upon written request, to any law enforcement
agency conducting an official investigation, co pies of the records
of any peace officer who is the subject of such investigation;
5. To provide final orders of ad ministrative proceedings where
an adverse action was taken against a peace officer; and
6. Pursuant to an order of the district court of th e State of
Oklahoma.
F. The Department of Public Safety shall keep confidential:
1. All records it maintains pursu ant to its authority under
Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway
Patrol Division, the Communications Division , and other divisions of
the Department relating to:
a. training, lesson plans, teaching ma terials, tests, and
test results,
b. policies, procedures , and operations, any of which are
of a tactical nature, and
c. the following information from radio logs:
(1) telephone numbers,
(2) addresses other than the location of incidents to
which officers are dispatched, and
(3) personal information which is contrary to the
provisions of the Driver ’s Privacy Protection
Act, 18 United States Code, Sections 2721 through
2725; and
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2. For the purpose of preven ting identity theft and invasion of
law enforcement computer systems, except a s provided in Title 47 of
the Oklahoma Statutes, all driving records.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 2 -506, as
last amended by Section 1, Cha pter 225, O.S.L. 2016 (63 O.S. Supp.
2020, Section 2-506), is amended to read as follows:
Section 2-506. A. Any peace officer of this state shall seize
the following property:
1. Any property described in subsection A of Section 2-503 of
this title. Such property shall be held as evidence until a
forfeiture has been declared or release ordered, except for property
described in paragraphs 1, 2 and 3 of subsection A of Section 2 -503
of this title, or in the case of mo ney, coins, and currency,
deposited as provided in subsection E of Section 2 -503 of this
title; provided, any money, coins and currency taken or detained
pursuant to this section may be deposited in an interest -bearing
account by or at the direction of the district attorney in the
office of the county treasurer if the district attorney determi nes
the currency is not to be held as evidence. All interest earned on
such monies shall be returned to the claimant or forfeited with the
money, coins and currency w hich was taken or detained as provided by
law;
2. Any property described in subsection B of Section 2-503 of
this title; or
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3. Any property described in subsection C of Section 2 -503 of
this title.
B. Notice of seizure and intended forfeiture proceeding shall
be filed in the office of the c lerk of the district court for the
county wherein such property is seized and shall be given all owners
and parties in interest. Notwithstanding any other provision of
law, no filing fees shall be assessed by the cour t clerk for the
filing of any forfeitu re action.
C. Notice shall be given by the agency seeking forfeiture
according to one of the following methods:
1. Upon each owner or party in interest whose right, title or
interest is of record in the Tax Commissio n, by mailing a copy of
the notice by certified mail to the address as given upon the
records of the Tax Commission;
2. Upon each owner or party in interest whose name and address
is known to the attorney in the office of the agency prosecuting the
action to recover unpaid fines, by mailing a copy of the notice by
registered mail to the last -known address; or
3. Upon all other owners or interested parties, whose addresses
are unknown, but who are believed to have an interest in the
property, by one public ation in a newspaper of general circul ation
in the county where the seizure was made.
D. Within forty-five (45) days after the mailing or publication
of the notice, the owner of the property and any other party in
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interest or claimant may file a verified answer and claim to the
property described in the notice of seizure and of the intended
forfeiture proceeding.
E. If at the end of forty -five (45) days after the notice has
been mailed or published there is no verified answer on file, the
court shall hear evidence upon the fact of the unlawfu l use and
shall order the property forfeited to the state, if such fact is
proved. Except as otherwise provided for in Section 2 -503 of this
title, any such property shall be forfeited to the state and sold
under judgment of the court pursuant to the prov isions of Section 2-
508 of this title.
F. If a verified answer is filed, the forfeiture proceeding
shall be set for hearing.
G. At a hearing in a proceeding against property described in
paragraphs 3 through 9 of sub section A or subsections B and C of
Section 2-503 of this title, the requirements set for th in said the
paragraph or subsection, respectively, shall be satisfied by the
state by a preponderance of the evidence.
H. The claimant of any right, titl e, or interest in the
property may prove a lien, mortgage, or conditional sales contract
to be a bona fide or innocent ownersh ip interest and that such
right, title, or interest was created without any knowledge or
reason to believe that the property was being, or w as to be, used
for the purpose charged .
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I. In the event of such proof, the court shall o rder the
property released to the bona fide or innocent owner, lien holder,
mortgagee or vendor if the amount due him is equal to, or in excess
of, the value of the pr operty as of the date of the seizure, it
being the intention of this section to forfeit o nly the right, title
or interest of the purchaser.
J. If the amount due to such person is less than the value of
the property, or if no bona fide claim is established , the property
shall be forfeited to t he state and sold under judgment of the
court, as provided for in Section 2 -508 of this title, except as
otherwise provided for in Section 2 -503 of this title.
K. Property taken or detained under this section shall no t be
repleviable, but shall be deemed to be in the custody of the office
of the district attorney of the county wher ein the property was
seized, subject only to the orders and decrees of the court or the
official having jurisdiction thereof; said the official shall
maintain a true and accurate inventory and record of all such
property seized under the provisions of this section. The
provisions of this subsection shall not apply to property taken or
detained by the Oklahoma State Bureau of Narcotics and Dan gerous
Drugs Control, the Department o f Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Bev erage Laws Enforcement
Commission, the Department of Corrections or the Office of the
Attorney General. Property taken or detained by the O klahoma State
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Bureau of Narcotics and Dangerous Drugs Control, the Department of
Public Safety, the Oklahoma State B ureau of Investigation, the
Alcoholic Beverage Laws Enforcement Commission, the Department of
Corrections or the Office of the Attorney Gene ral shall be subject
to the provisions of subsections E and F of Section 2 -503 of this
title.
L. The proceeds of th e sale of any property not taken or
detained 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 Enforcem ent
Commission, the Departm ent of Corrections or the Office of the
Attorney General shall be distributed as follows, in the order
indicated:
1. To the bona fide or in nocent purchaser, conditional sales
vendor or mortgagee of the property, if any, up to th e amount of his
or her interest in the property, when the court declaring the
forfeiture orders a distribution to such person;
2. To the payment of the actual expense s of preserving the
property and legitimate costs related to the civil forfeiture
proceedings. For purposes of this paragraph, the term “legitimate
costs” shall not include court costs associated with any civil
forfeiture proceeding; and
3. The balance to a revolving fund in the office of th e county
treasurer of the county wherein the proper ty was seized, said the
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fund to be used as a revolving fund solely for enforcement of
controlled dangerous substances laws, drug abuse prevention and drug
abuse education, and maintained by the district at torney in his or
her discretion for those purposes with a yearly accounting to the
board of county commissioners in whose county the fund is
established and to the District Attorneys Council; provided, one
hundred percent (100%) of the balance of the proce eds of such sale
of property forfeited due to nonpa yment of a fine imposed pur suant
to the provisions of Section 2 -415 of this title shall be
apportioned as provided in Section 2 -416 of this title. The
revolving fund shall be audited by the State Auditor and Inspector
at least every two (2) years in the m anner provided in Section 1 71
of Title 19 of the Oklahoma Statutes. Said The audit shall include,
but not be limited to, a compliance audit. A district attorney may
enter into agreements with municipal, tribal, county or state
agencies to return to such an agency a percentage of p roceeds of the
sale of any property seized by the agency and forfeited under the
provisions of this section. The District Attorneys Council shall
adopt guidelines which ensure t hat such agencies receive a
reasonable percentage o f such proceeds, considerin g the relative
contribution of each agency to the drug enforcement and prosecution
operations relating to the seizure. In formulating said the
guidelines, the District Attorneys Council shall examine federal
guidelines on asset distribution and use said the guidelines as a
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basis for establishing guidelines for this state. The Attorney
General is hereby authorized to mediate disputes between district
attorneys and such agencies c oncerning the application of said the
guidelines in particular instances. Any agency that receives
proceeds from an asset distribution shall maintain a true and
accurate record of all such assets.
M. Whenever any veh icle, airplane or vessel is forfeited under
the Uniform Controlled Dangerous Substances A ct, the district court
of jurisdiction may order that the vehicle, airplane or vessel
seized may be retained by the state, county or city law enforcement
agency which seized the vehicle, airplane or vessel for its official
use.
N. If the court finds that the state failed to satisfy the
required showing provided for in subsection G of this section, the
court shall order the property released to the owner or owners.
O. Except as provided for in subsection Q of this section, a
bona fide or innocent owner, li en holder, mortgagee or ven dor that
recovers property pursuant to this section shall not be liable for
storage fees.
P. Except as provided for in subsection Q of this section,
storage fees shall be paid b y the agency which is processing the
seizure and forfeiture from funds generat ed by seizure and
forfeiture actions.
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Q. The bona fide or innocent owner, lien holder, mortgagee or
vendor shall reclaim subject seized pro perty within thirty (30) days
of written notice from the seizing agency. If such person fails to
reclaim the property within the thirty -day time period, then storage
fees may be assessed against their secured interest.
R. 1. At any hearing held relevant to this section, a report
of the findings of the laboratory of the Oklahoma State Bureau of
Investigation, the medi cal examiner’s report of investigation or
autopsy report, or a laboratory report from a forensic laboratory
operated by the State of Oklahom a or any political subdivision
thereof, which has been made available to the accused by t he office
of the district attorney or other party to the forfeiture at least
five (5) days prior to the hearing, with reference to all or part of
the evidence submitte d, when certified as correct by the pe rsons
making the report shall be received as eviden ce of the facts and
findings stated, if relevant and otherwise admissible in evidence.
If such report is deemed relevant by the forfeiture applicant or the
respondent, the court shall admit such report wi thout the testimony
of the person making the report , unless the court, pursuan t to this
subsection, orders such person to appear.
2. When any alleged controlled dangerous substance has been
submitted to the laboratory of the OSBI for analysis, and such
analysis shows that the submitted material is a contr olled dangerous
substance, the distribution of which constitutes a felony under the
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laws of this state, no portion of such substance shall be released
to any other person or laboratory except to the crimin al justice
agency originally submitting the substan ce to the OSBI for analysis ,
absent an order of a district court. The defendant shall
additionally be required to submit to the court a procedure for
transfer and analysis of the subject material to ensur e the
integrity of the sample and to prevent the ma terial from being used
in any illegal manner.
3. The court, upon motion of either party, shall order the
attendance of any person preparing a report submitted as evid ence in
the hearing when it appears th ere is a substantial likelihood that
material evidence not contained in said the report may be produced
by the testimony of any person having prepared a report. The
hearing shall be held and, if sustained, an order is sued not less
than five (5) days prior to the time when the testimony shall be
required.
4. If within five (5) days prior to the hearing or during a
hearing, a motion is made pursuant to this section requiring a
person having prepared a report to testify, the court may hear a
report or other evidence but shall continue the hearing until such
time notice of the motion a nd hearing is given to the person making
the report, the motion is heard, and, if sustained, the testimony
ordered can be given.
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S. In any forfeiture proceeding under this chapt er in which the
defendant or claimant prevails, the court may order the plaint iff
processing the seizure and forfeiture to pay from funds generated by
seizure and forfeiture actions:
1. Reasonable attorney fees and ot her litigation costs
reasonably incurred by the defendant or claimant directly related to
the claim on which the def endant or claimant prevailed;
2. Postjudgment interest; and
3. In cases involving currency or other negotiable instruments:
a. interest actually paid to the state from the date of
seizure or arrest of the property that resulted from
the investment of the property in an interest -bearing
account or instrument, and
b. an imputed amount of interest that such currency,
instruments, or proceeds wo uld have earned at the rate
applicable to the thirty-day Treasury Bill, for any
period during which no interest was paid, not
including any period when the property reasonably was
in use as evidence in an official proceeding or in
conducting scientific tes ts for the purpose of
collecting evidence, commencing fifteen (15) days
after the property was seized by a law enfor cement
agency or was turned over to a law enforcement agency
by a federal law enforcement authority.
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T. Any law enforcement agency seizing property pursuant to this
section shall submit an annual report by February 1 of each yea r
identifying the property seized and the disposition of such property
to the Governor, the President Pro Tempore and the Chair of the
Public Safety Committee of the Senate, the Speaker and the Chair of
the Public Safety Committee of the House of Represent atives and the
Office of the State Auditor and Inspector. All reports and data
submitted pursuant to this subsection shall be published as a data
feed on the data.ok. gov website.
SECTION 3. This act shall become effective November 1, 20 21.
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