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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1065 By: Montgomery
AS INTRODUCED
An Act relating to ignition interlock dev ices;
amending 47 O.S. 2021, Section 11 -902a, which relates
to allowing use of motor vehicl es without an ignition
interlock device; requiring and permitting courts to
issue certain release guidelines ; amending 47 O.S.
2021, Section 11-902b, which relates to forfeiture of
motor vehicles; updating statutory reference; and
providing an effective da te.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -902a, is
amended to read as follows:
Section 11-902a. A. No person shall knowingly authorize or
permit a motor vehicle owned or under the control of that person
which is not equipped with an ignition interlock device to be driven
upon any street or highway of this state by any person who is
required to have an ignit ion interlock device installed upon the
vehicle of that person.
B. No person shall willfully attempt to interfere in any way
with the intended and proper functioning o f an ignition interlock
device installed in a vehicle as required by law, or intentional ly
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fail to return an ignition interlock device whe n it is no longer
required in the vehicle or upon request by the owner of the device.
C. No person granted permission to drive a motor vehicle on the
condition of installation of an ignition interlock devi ce shall
drive any vehicle that is not equipped wi th an ignition interlock
device unless driving a vehicle of an employer in accordance wit h
subsection A of Section 6 -212.3 of this title.
D. A violation of subsection A, B or C of this section shall be
a misdemeanor and shall be punishable by a fine of no t more than
Five Hundred Dollars ($500.00), or by imprisonment in the county
jail for not more than six (6) months, or by both such fine and
imprisonment.
E. A court shall require on release that a defenda nt charged
under subsection C:
1. Have installed on the motor vehicle owned by the defendant
or on the vehicle most regularly driven by t he defendant, an
ignition interlock device;
2. Not operate any motor vehicle unless the vehicle is equipped
with an ignition interlock device ; and
3. The court may not require the installation of the ignition
interlock device if the court finds that to require the ignition
interlock device would not be in the best interest of justice.
F. If the court is required to ha ve the ignition interlock
device installed, the court shall require that the defendant have
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the ignition interlock device installed on the appropriate motor
vehicle, at the defendant’s expense, before the thirtieth day after
the date the defendant is rele ased on bond.
G. The court may designate an appropr iate agency to verify the
installation of the ignition interlock device and to moni tor the
device. If the court designates an agency under this subsection , in
each month during which the agency verifies t he installation of the
ignition interlock device or provides a monitoring service the
defendant shall pay the initial reimbursement fee to the designated
agency in the amount set by the court. The defendant shall pay the
initial reimbursement fee at the t ime the agency verifies the
installation of the ignition interlock device. In each subsequent
month during which the defendant is requir ed to pay a reimbursement
fee the defendant shall pay the fee on the first occasion in that
month that the agency provi des a monitoring service. The court
shall set the fee in an amount not to exceed t en dollars ($10.00) as
determined by the court, to be sufficient to cover the cost incurred
by the designated agency in conducting the verification or providing
the monitoring service, as applicable in that county.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 -902b, is
amended to read as follows:
Section 11-902b. A. The district attorney may file a motion
requesting forfeiture of the motor vehicle involved in the
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commission of an eligible offense as provided in this section. The
provisions of this section shall apply to :
1. Any person who has b een previously convicted of an offense
under Section 11-902, 11-902a, 11-903, or 11-904 of this title an d
who on or after July 1, 1999, is convicted of an offense under
Section 11-902, 11-902a, 11-903, or 11-904 of this title within ten
(10) years of any prior conviction under Section 11 -902, 11-902a,
11-903, or 11-904 of this title and where at least one of the
offenses, current or prior, involved the death of or serious bodily
injury to another person; or
2. Any person who has been convicted of a third o r subsequent
felony offense under Section 11 -902 of this title.
B. A motion for forfeiture may be filed at the time of charging
but not later than thirty (30) days after the verdict or plea of
guilty or nolo contendere. If a motion of intent to forfeit i s
filed prior to the verdict or plea of guilty or nolo contendere, the
proceedings shall be stayed until the disposition of the criminal
case. Notice shall be required even though the proceedings are
stayed. If the motion is filed prior to the dispositio n on the
criminal case, the district attorney shall notify the Oklahoma Tax
Commission and the Tax Commi ssion shall place a lien upon the
vehicle title. No person shall sell, damage, destroy, transfer or
perfect a security interest on any vehicle subject to forfeiture.
Prior to filing a motion for forfeiture, the district attorney shall
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verify whether the vehicle was sold during any period of impoundment
as provided by law. Any vehicle sold in an impound sale to pay
towing, wrecker services or storage ex penses shall not be subject to
forfeiture as provided in this section.
C. Upon filing a motion for forf eiture, except when the
proceedings are stayed purs uant to subsection B of this section, the
court shall schedule a hearing on the matter. The hearing shall be
not less than twenty (20) days nor more than forty -five (45) days
from the date the motion is f iled. The district attorney within
three (3) days of filing a motion of intent to forfeit shall notify
the convicted person, lienholders of record, and any person
appearing to have an ownership or security interest in the vehicle.
The notice shall contai n the date, time and place of the hearing.
When a motion for forfeiture has been stayed pending disposition of
the criminal case and a verdict or plea of guilty or nolo contendere
has been entered, the district attorney shall give notice of the
forfeiture hearing not less than ten (10) days prior to the h earing.
The notice of persons specified in this subsection shall be by
certified mail to the address shown upon the records of the Oklahoma
Tax Commission. For owners or interested parties, other than
lienholders of record, whose addresses are unknown, b ut who are
believed to have an interest in the vehicle, notice shall be by one
publication in a newsp aper of general circulation in the county
where the motion is filed. The written notice shall include:
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1. A full description of the motor vehicle;
2. The date, time and place of the forfeiture hearing;
3. The legal authority under which the motor vehic le may be
forfeited; and
4. Notice of the right to intervene to protect an interest in
the motor vehicle.
D. A forfeiture proceeding shall not extinguish any security
interest of a lienholder of record; provided, however, the court may
order the sale of the motor vehicle and the satisfaction of that
security interest from the proceeds of sale as provided i n
subsection K of this section.
For purposes of a forfeiture proceeding, an affidavit obtained
from the lienholder of record, in the absence of evidence of bad
faith, shall be prima facie evidence of the amount of secured
indebtedness owed to that lienhold er. It shall be the
responsibility of the district attorney to obtain such affidavit
prior to the forfeiture proceeding.
In the absence of evidence of bad faith, no lienholder of record
shall be required to attend the forfeiture proceeding to protect its
interest in the motor vehicle. However, each lienh older of record
shall be given notice of the forfeiture hearing as provided in
subsection C of this s ection. The district attorney shall notify
each lienholder of record at least ten (10) days before the sale of
the motor vehicle ordered forfeited pursuan t to this section;
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provided, the lienholder was not represented at the forfeiture
proceeding.
E. Any person having an ownership or security interest in a
vehicle subject to forfeiture which is not perfect ed by a lien of
record may file a written objection to the motion to forfeit within
ten (10) days of the mailing of the notice of intent to forfeit.
F. At the hearing, any person who claims an ownership or
security interest in the motor vehicle which is n ot perfected by a
lien of record shall be required to establish by a preponderance of
the evidence that:
1. The person has an interest in the motor veh icle and such
interest was acquired in good faith;
2. The person is not the person convicted of the off ense that
resulted in the forfeiture proceeding; an d
3. The person did not know or have reasonable cause to believe
that the vehicle would be used in t he commission of a felony
offense.
G. If a person satisfies the requirements of subsection F of
this section, or if there is a lienholder of record that h as
provided an affidavit pursuant to subsection D of this section, the
court shall order either an am ount equal to the value of the
interest of that person in the motor vehicle to be paid to that
person upon sale of the motor vehicle after payment of costs and
expenses or release the vehicle from the forfeiture proceedings if
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either the lienholder describ ed in subsection D of this section or
the person intervening in accordance with subsection F of this
section has full right, title and interest in the vehi cle.
H. At the hearing, the court may order the forfeiture of the
motor vehicle if it is determined by a preponderance of the evidence
that the forfeiture of the motor vehicle will serve one or more of
the following purposes:
1. Incapacitation of the con victed person from the commission
of any future offense under Section 11 -902, 11-903, or 11-904 of
this title;
2. Protection of the safety and welfare of the public;
3. Deterrence of other persons who ar e potential offenders
under Section 11-902, 11-903, or 11-904 of this title;
4. Expression of public condemnation of the serious or
aggravated nature of the conduct of the convicted person; or
5. Satisfaction of monetary amounts for criminal penalties.
I. Upon forfeiture of a motor vehicle pursuant to t his act, the
court shall require the owner to surrender the motor vehicle, the
certificate of title, and the registration of the motor vehicle.
The vehicle, the certificate of title, and the registration shall be
delivered to the Department of Public Safe ty within three (3) days
of the forfeiture order. The expense of delivering the vehicle
shall be paid by the district attorney. Costs of delivering the
vehicle to the Department shall be reimbursable as costs of
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conducting the sale. A motor vehicle forf eited pursuant to this
act, shall be sold by the Department of Public Safety as provided by
law for the sale of other forfeited property, except as otherwise
provided in this section.
J. If a vehicle was impounded at the time of delivery to the
Department and a forfeiture order is subsequently issued, all
towing, wrecker services, and storage expenses sh all be satisfied
from the sale of the vehicle. If a vehicle is released from
forfeiture and the vehicle has been delivered to the Department with
impound expenses still owing, all impound expenses, including
towing, wrecker service and storage expenses, s hall be paid by the
person prevailing on the dismissal of the forfeiture proceeding and
the release of the vehicle to such person. If a notice for sale of
the vehicle was filed for satisfaction of impound expenses prior to
the filing of a motion for forfe iture, the vehicle shall be sold as
provided by law for unpaid towing, wrecker services, and storage
expenses and shall not be subject to forfeiture. If t he convicted
person redeems his or her interest in the vehicle at a sale for
impound expenses, a forf eiture proceeding may thereafter proceed as
authorized by this act. Neither the notice of sale for towi ng,
wrecker services, and storage expenses nor the sale of such vehicle
for impound expenses shall serve to extend the requirement for
filing a motion to forfeit as provided in subsection B of this
section.
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K. Except as provided in subsection J of this se ction, proceeds
from the sale of any vehicle forfei ted pursuant to this act shall be
paid in the following order:
1. To satisfy the interest of any lie nholder of record;
2. To the Department of Public Safety for the cost of
conducting the sale, including expense of delivery, court filing
fees, and publication expense;
3. To satisfy impound expenses, including any towing, wrecker
service and storage exp enses incurred prior to delivery to the
Department of Public Safety;
4. To satisfy the interest of any person making proof as
provided in subsection F of this section;
5. To satisfy criminal penalties, costs and assessments
pursuant to paragraph 5 of sub section H of this section if so
ordered by the court;
6. To the office of the district attorney who fil ed the
forfeiture proceeding not exceeding twenty -five percent (25%) of any
remaining proceeds. Such payment shall be deposited in a special
fund for such purpose as determined by the district attorney ’s
office; and
7. The balance of the proceeds to be d eposited in the Drug
Abuse Education and Treatment Revolving Fund established pursuant to
Section 2-503.2 of Title 63 of the Oklahoma Statutes for the b enefit
of drug court treatment as provided by law.
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L. If a motor vehicle subject to forfeiture as provi ded by this
act is a vehicle leased pursuant to a c ommercial rental agreement
for a period of ninety (90) days or less, then the vehicle shall not
be subject to the forfeiture proceedings provided by this act.
M. Upon the court dismissing a forfeiture pro ceeding, any lien
placed upon the vehicle title by the Oklahoma Tax Commission
pursuant to subsection B of this section shall be released.
SECTION 3. This act shall become effective November 1, 2023.
59-1-600 JES 1/19/2023 1:23:48 PM