Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1065 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	February 28, 2023
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 59th Legislature (2023)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 1065 By: Montgomery
	34	+	SENATE BILL 1065 By: Montgomery
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	39	+
	40	+	COMMITTEE SUBSTITUTE
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41	42		[ ignition interlock dev ices – Impaired Driver
42	43		Accountability Program - forfeiture of motor vehi cles
43	44		- effective date]
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49	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50	51		SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -902a, is
51	52		amended to read as follows:
52	53		Section 11-902a. A. No person shall knowingly authoriz e or
53	54		permit a motor vehicle owned or under the control of that person
54	55		which is not equipped with an ignition interlock device to be driven
55	56		upon any street or highway of this state by any person who is
56	57		required to have an ignit ion interlock device installed upon the
57	58		vehicle of that person.
58	59		B. No person shall willfully attempt to interfere in any way
59	60		with the intended and proper functioning o f an ignition interlock
60	61		device installed in a vehicle as required by law, or intentional ly
61		-	fail to return an ignition interlock device when it is no longer
62		-	required in the vehicle or upon request by the owner of the device.
63	62
64		-	SENATE FLOOR VERSION - SB1065 SFLR Page 2
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	88	+	fail to return an ignition interlock device when it is no longer
	89	+	required in the vehicle or upon request by the owner of the device.
90	90		C. No person granted permission to drive a motor vehicle on the
91	91		condition of installation of an ignition interlock devi ce shall
92	92		drive any vehicle tha t is not equipped with an ignition interlock
93	93		device unless driving a vehicle of an employer in accordance wit h
94	94		subsection A of Section 6 -212.3 of this title.
95	95		D. A violation of subsection A , or B or C of this section shall
96	96		be a misdemeanor and shall be punishable by a fine of not more than
97	97		Five Hundred Dollars ($500.00), or by imprisonment in the county
98	98		jail for not more than six (6) months, or by both such fine and
99	99		imprisonment.
100	100		E. A violation of subse ction C of this section shall be a
101	101		misdemeanor punishable by a fine of Five Hundred Dollars ($500.00)
102	102		and by imprisonment in the county jail for not fewer than thirty
103	103		(30) days but not more than six (6) months. Such punishment may be
104	104		waived by the court only for a person who enrolls in and completes
105	105		the Impaired Driver Accountability Program (IDAP) established
106	106		pursuant to Section 6 -212.5 of this title. Any person who is not
107	107		eligible for participation in IDAP or fails to fully en roll in IDAP
108	108		within forty-five (45) days of the court order shall be ineligible
109	109		for the waiver and shall be puni shed in accordance with this
110	110		subsection.
111		-	SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 -902b, is
112		-	amended to read as follows:
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	137	+	SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 -902b, is
	138	+	amended to read as follows:
140	139		Section 11-902b. A. The district attorney may file a motion
141	140		requesting forfeiture of the motor vehicle involved in the
142	141		commission of an eligible offense as provided in this section. The
143	142		provisions of this section shall apply to :
144	143		1. Any person who has b een previously convicted of an offense
145	144		under Section 11-902, 11-902a, 11-903, or 11-904 of this title an d
146	145		who on or after July 1, 1999, is convicted of an offense under
147	146		Section 11-902, 11-902a, 11-903, or 11-904 of this title within ten
148	147		(10) years of any prior conviction under Section 11 -902, 11-902a,
149	148		11-903, or 11-904 of this title and where at least one of the
150	149		offenses, current or prior, involved the death of or serious bodily
151	150		injury to another person; or
152	151		2. Any person who has been convicted of a third o r subsequent
153	152		felony offense under Section 11 -902 of this title.
154	153		B. A motion for forfeiture may be filed at the time of charging
155	154		but not later than thirty (30) days after the verdict or plea of
156	155		guilty or nolo contendere. If a motion of intent to forfeit i s
157	156		filed prior to the verdict or plea of guilty or nolo contendere, the
158	157		proceedings shall be stayed until the disposition of the criminal
159	158		case. Notice shall be required even though the proceedings are
160	159		stayed. If the motion is filed prior to the dispositio n on the
161	160		criminal case, the district attorney shall notify the Oklahoma Ta x
162		-	Commission and the Tax Commi ssion shall place a lien upon the
163		-	vehicle title. No person shall sell, damage, destroy, transfer or
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165		-	SENATE FLOOR VERSION - SB1065 SFLR Page 4
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	187	+	Commission and the Tax Commi ssion shall place a lien upon the
	188	+	vehicle title. No person shall sell, damage, destroy, transfer or
191	189		perfect a security interest on any vehicle subject to forfeiture.
192	190		Prior to filing a motion for forfeiture, the district atto rney shall
193	191		verify whether the vehicle was sold during any period of impoundment
194	192		as provided by law. Any vehicle sold in an impound sale to pay
195	193		towing, wrecker services or storage ex penses shall not be subject to
196	194		forfeiture as provided in this section.
197	195		C. Upon filing a motion for forf eiture, except when the
198	196		proceedings are stayed purs uant to subsection B of this section, the
199	197		court shall schedule a hearing on the matter. The hearing shall be
200	198		not less than twenty (20) days nor more than forty -five (45) days
201	199		from the date the motion is f iled. The district attorney within
202	200		three (3) days of filing a motion of intent to forfeit shall notify
203	201		the convicted person, lienholders of record, and any person
204	202		appearing to have an ownership or security interest in the veh icle.
205	203		The notice shall contai n the date, time and place of the hearing.
206	204		When a motion for forfeiture has been stayed pending disposition of
207	205		the criminal case and a verdict or plea of guilty or nolo contendere
208	206		has been entered, the district attorney shall give notice of the
209	207		forfeiture hearing not less than ten (10) days prior to the h earing.
210	208		The notice of persons specified in this subsection shall be by
211	209		certified mail to the address shown upon the records of the Oklahoma
212	210		Tax Commission. For owners or int erested parties, other than
213		-	lienholders of record, whose addresses are unknown, b ut who are
214		-	believed to have an interest in the vehicle, notice shall be by one
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216		-	SENATE FLOOR VERSION - SB1065 SFLR Page 5
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	237	+	lienholders of record, whose addresses are unknown, b ut who are
	238	+	believed to have an interest in the vehicle, notice shall be by one
242	239		publication in a newsp aper of general circulation in the county
243	240		where the motion is filed. The written notice shall include:
244	241		1. A full description of the motor vehicle;
245	242		2. The date, time and place of the forfeiture hearing;
246	243		3. The legal authority under which the motor vehic le may be
247	244		forfeited; and
248	245		4. Notice of the right to intervene to protect a n interest in
249	246		the motor vehicle.
250	247		D. A forfeiture proceeding shall not extinguish any security
251	248		interest of a lienholder of record; provided, however, the court may
252	249		order the sale of the motor vehicle and the satisfaction of that
253	250		security interest from the proceeds of sale as provided i n
254	251		subsection K of this section.
255	252		For purposes of a forfeiture proceeding, an affidavit obtained
256	253		from the lienholder of record, in the absence of evidence of bad
257	254		faith, shall be prima facie evidence of the amount of secured
258	255		indebtedness owed to that lienhold er. It shall be the
259	256		responsibility of the district attorney to obtain such affidavit
260	257		prior to the forfeiture proceeding.
261	258		In the absence of evidence of bad faith, no lienholder of record
262	259		shall be required to attend the forfeit ure proceeding to protect its
263	260		interest in the motor vehicle. However, each lienh older of record
264		-	shall be given notice of the forfeiture hearing as provided in
265		-	subsection C of this s ection. The district attorney shall notify
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	287	+	shall be given notice of the forfeiture hearing as provided in
	288	+	subsection C of this s ection. The district attorney shall notify
293	289		each lienholder of record at l east ten (10) days before the sale of
294	290		the motor vehicle ordered forfeited pursuan t to this section;
295	291		provided, the lienholder was not represented at the forfeiture
296	292		proceeding.
297	293		E. Any person having an ownership or security interest in a
298	294		vehicle subject to f orfeiture which is not perfect ed by a lien of
299	295		record may file a written objection to the motion to forfeit within
300	296		ten (10) days of the mailing of the notice of intent to forfeit.
301	297		F. At the hearing, any person who claims an ownership or
302	298		security interest in the motor vehicle which is n ot perfected by a
303	299		lien of record shall be required to establish by a preponderance of
304	300		the evidence that:
305	301		1. The person has an interest in the motor veh icle and such
306	302		interest was acquired in good faith;
307	303		2. The person is not t he person convicted of the off ense that
308	304		resulted in the forfeiture proceeding; an d
309	305		3. The person did not know or have reasonable cause to believe
310	306		that the vehicle would be used in t he commission of a felony
311	307		offense.
312	308		G. If a person satisfies the requireme nts of subsection F of
313	309		this section, or if there is a lienholder of record that h as
314	310		provided an affidavit pursuant to subsection D of this section, the
315		-	court shall order either an am ount equal to the value of the
316		-	interest of that person in the motor vehicl e to be paid to that
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	337	+	court shall order either an am ount equal to the value of the
	338	+	interest of that person in the motor vehicl e to be paid to that
344	339		person upon sale of the motor vehicle after payment of costs and
345	340		expenses or release the vehicle from the forfeiture proceedings if
346	341		either the lienholder describ ed in subsection D of this section or
347	342		the person intervening in accordance with subsection F of this
348	343		section has full right, title and interest in the vehi cle.
349	344		H. At the hearing, the court may order the forfeiture of the
350	345		motor vehicle if it is determined by a preponderance of the evidence
351	346		that the forfeiture of the motor vehicl e will serve one or more of
352	347		the following purposes:
353	348		1. Incapacitation of the con victed person from the commission
354	349		of any future offense under Section 11 -902, 11-903, or 11-904 of
355	350		this title;
356	351		2. Protection of the safety and welfare of the public;
357	352		3. Deterrence of other persons who ar e potential offenders
358	353		under Section 11-902, 11-903, or 11-904 of this title;
359	354		4. Expression of public condemnation of the serious or
360	355		aggravated nature of the conduct of the convicted person; or
361	356		5. Satisfaction of monetary amo unts for criminal penalties.
362	357		I. Upon forfeiture of a motor vehicle pursuant to t his act, the
363	358		court shall require the owner to surrender the motor vehicle, the
364	359		certificate of title, and the registration of the motor vehicle.
365	360		The vehicle, the certificate o f title, and the registration shall be
366		-	delivered to the Department of Public Safe ty within three (3) days
367		-	of the forfeiture order. The expense of delivering the vehicle
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	387	+	delivered to the Department of Public Safe ty within three (3) days
	388	+	of the forfeiture order. The expense of delivering the vehicle
395	389		shall be paid by the district attorney. Costs of delivering the
396	390		vehicle to the Depart ment shall be reimbursable as costs of
397	391		conducting the sale. A motor vehicle forf eited pursuant to this
398	392		act, shall be sold by the Department of Public Safety as provided by
399	393		law for the sale of other forfeited property, except as otherwise
400	394		provided in this section.
401	395		J. If a vehicle was impounded at the time of delivery to the
402	396		Department and a forfeiture order is subsequently issued, all
403	397		towing, wrecker services, and storage expenses sh all be satisfied
404	398		from the sale of the vehicle. If a vehicle is released f rom
405	399		forfeiture and the vehicle has been delivered to the Department with
406	400		impound expenses still owing, all impound expenses, including
407	401		towing, wrecker service and storage expenses, s hall be paid by the
408	402		person prevailing on the dismissal of the forfeiture p roceeding and
409	403		the release of the vehicle to such person. If a notice for sale of
410	404		the vehicle was filed for satisfaction of impound expenses prior to
411	405		the filing of a motion for forfe iture, the vehicle shall be sold as
412	406		provided by law for unpaid towing, wre cker services, and storage
413	407		expenses and shall not be subject to forfeiture. If t he convicted
414	408		person redeems his or her interest in the vehicle at a sale for
415	409		impound expenses, a forf eiture proceeding may thereafter proceed as
416	410		authorized by this act. Neith er the notice of sale for towi ng,
417		-	wrecker services, and storage expenses nor the sale of such vehicle
418		-	for impound expenses shall serve to extend the requirement for
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	437	+	wrecker services, and storage expenses nor the sale of such vehicle
	438	+	for impound expenses shall serve to extend the requirement for
446	439		filing a motion to forfeit as provided in subsection B of this
447	440		section.
448	441		K. Except as provided in subsection J of this se ction, proceeds
449	442		from the sale of any vehicle forfei ted pursuant to this act shall be
450	443		paid in the following order:
451	444		1. To satisfy the interest of any lie nholder of record;
452	445		2. To the Department of Public Safety for the cost of
453	446		conducting the sale, including expense of delivery, court filing
454	447		fees, and publication expense;
455	448		3. To satisfy impound expenses, including any towing, wrecker
456	449		service and storage exp enses incurred prior to delivery to the
457	450		Department of Public Safety;
458	451		4. To satisfy the interest of any person making proof as
459	452		provided in subsection F of this section;
460	453		5. To satisfy criminal penalties, costs and assessments
461	454		pursuant to paragraph 5 of sub section H of this section if so
462	455		ordered by the court;
463	456		6. To the office of the district attorney who fil ed the
464	457		forfeiture proceeding not exceeding twenty -five percent (25%) of any
465	458		remaining proceeds. Such payment shall be deposited in a special
466	459		fund for such purpose as determined by the district attorney ’s
467	460		office; and
468		-	7. The balance of the proceeds to be d eposited in the Drug
469		-	Abuse Education and Treatment Revolving Fund established pursuant to
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	487	+	7. The balance of the proceeds to be d eposited in the Drug
	488	+	Abuse Education and Treatment Revolving Fund established pursuant to
497	489		Section 2-503.2 of Title 63 of the Oklahoma Statutes for the b enefit
498	490		of drug court treatment as provided by law.
499	491		L. If a motor vehicle subject to forfeiture as provi ded by this
500	492		act is a vehicle leased pursuant to a c ommercial rental agreement
501	493		for a period of ninety (90) days or less, then the vehicle shall not
502	494		be subject to the forfeiture proceedings provided by this act.
503	495		M. Upon the court dismissing a forfeiture pro ceeding, any lien
504	496		placed upon the vehicle title by the Oklahoma Tax Commission
505	497		pursuant to subsection B of this section shall be released.
506	498		SECTION 3. This act shall become effective November 1, 2023.
507		-	~~COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY~~
508		-	~~February~~ 28, 2023 ~~- DO PASS AS AMENDED BY CS~~
	499	+
	500	+	59-1-1976 TEK 2/28/2023 4:16:03 PM