SENATE FLOOR VERSION - SB1088 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 21, 2023 SENATE BILL NO. 1088 By: Dahm An Act relating to asset forfeiture transparenc y; amending 51 O.S. 2021, Section 24A.8, as amended by Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp. 2022, Section 24A.8), which relates to law enforcement records; making certain reports available for public inspection; amending 63 O.S. 20 21, Section 2-506, which relates to seizure of proper ty; requiring submission of certain report; requiring publication of report on cert ain website; updating language; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.8, as amended by Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp. 2022, Section 24A.8), is amended to read as follows: Section 24A.8. A. Law enforcement agencies shall mak e available for public inspection and copying, if kept, the following records: 1. An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee; 2. Facts concerning the arrest , including the cause of arrest and the name of the arrest ing officer; SENATE FLOOR VERSION - SB1088 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. A chronological list of all incidents, including initial offense report information showing the offense, 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 signe d 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 classification or nature and number; 8. Jail registers, including jail blotter data or jail booking information recorded on persons at the time of in carceration showing the name of each prisoner with the date and cause of commitment, the authority committing the prisoner, whether committed for a criminal offense, a description of the prisoner, and the da te or manner of discharge or escape of the prison er; 9. Annual reports submitted pursuant to subsection T of Section 2-506 of Title 63 of the Oklahoma Statutes; 10. Audio and video record ings from recording equipment attached to law enforcemen t vehicles or associated audio recordings from recording equipment on the person of a law enforcement officer; SENATE FLOOR VERSION - SB1088 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided, the law enforcement age ncy may, before releasing any audio or video recording p rovided for in this paragraph, redact or obscure specific portions of the recording which: a. depict the death of a p erson 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 confidential as provided fo r in Title 10A of the Oklahoma Statutes, d. depict acts of severe violence resultin g in great bodily injury, as defined in Section 11 -904 of Title 47 of the Oklahoma Statutes, against persons tha t 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 the Oklahoma Statutes, un less the great bodily injury was effected by a law enfor cement officer, f. include personal medical information that is not already public, g. would undermine the assertion of a privilege provided in Section 1-109 or Section 3-428 of Title 43A of the Oklahoma Statutes for detention or transportation for SENATE FLOOR VERSION - SB1088 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 mental health evaluation or treatment or drug 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 warning. Such personal information shall in clude any government-issued identification number, date of bi rth, address or financial information, or i. reveal the identity of law enforcement officers who have become subject to internal investigat ion by the law enforcement agency as a result of an even t depicted in the recording. The option to protect the identity of a law enforcement officer shall not be available to the law enforcement agen cy after the law enforcement agency has concluded the in vestigation and rendered a decision as to final discipli nary action. At such time when an investigation has conclude d and the law enforcement agency has rendered its decision as to final disciplinary action, the portions of the recordings previously withh eld as provided for in this subparagraph shall be availa ble for public inspection and copying. The audio and video r ecordings withheld as provided for in this subparagraph shall be available for public inspection and copying before the SENATE FLOOR VERSION - SB1088 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 conclusion of the investigation if the investigation lasts for an unreasona ble 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 physical force or violence by a law enforcement officer, (2) pursuits of any kind, (3) traffic stops, (4) any person being arrested, cited, charg ed or issued a written warning, (5) events that directly led to any person being arrested, cited, charged or receiving a written warning, (6) detentions of any length for the purpose of investigation, (7) any exercise of authority by a law enforcement officer that deprives a citizen of his or her liberty, (8) actions by a law enforcement officer that have become the cause of an investigation or ch arges being filed, (9) recordings in the public interest that may materially aid a determination of whether law SENATE FLOOR VERSION - SB1088 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 enforcement officers are appropriately performing their duties as public servants, or (10) any contextual events occurring before or after the events depicted in divisions (1) through (9) of this subparagraph. b. Notwithstanding the provisions of subparagr aph a of this paragraph, the law enforcement agency may, before releasing any audio or video recording provided for in this paragraph, redact or obscure specific 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 undermi ne any requirement to keep certain juvenile records conf idential as provided for in Title 10A of the Oklahoma Statutes, (4) depict acts of severe violence resulting in great bodily injury, as def ined in Section 11-904 of Title 47 of the Oklahoma Statutes, against persons that are clearly visible, unless the act SENATE FLOOR VERSION - SB1088 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 eff ected by a law enforcement officer, (6) include personal medical 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 Statutes for detention or transportation for 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 b y that person when that person requests anonymity or where disclosure of the identity of the person or the information provided could reasonably be expected to threaten or endanger the physical safety or property of the person or the physical safety or property of others, SENATE FLOOR VERSION - SB1088 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (10) undermine the assertion of a privi lege 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 numbe r of a person not officially arrested, cited, charged or issued a written warning. Such personal information sh all include any government -issued identification number, date of birth, address o r financial information, (12) include information that would ma terially compromise an ongoing criminal investigation or ongoing criminal prosecution, provided 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 recordi ng shall be made available for public inspection and copying with no redaction of the portions that were temporarily withheld by reliance on this division. Provided, before potential release of a recording as provided for in this subdivision, the prosecut or or SENATE FLOOR VERSION - SB1088 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 legal representative of the person charged may request from the appropriate district court an extension of time during which the recording may be withheld under the provisions of this d ivision. 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 fo r 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 record ing will materially compromise the right of an accused to a fair trial that has yet to begin. Courts considering such requests shall conduct a hearing and consider whether the interests of the public outweigh the interests asserted by the parties. In response to such requests, the court shall order that the recording be made availa ble for public inspection and copying with no SENATE FLOOR VERSION - SB1088 SFLR Page 10 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 redaction of the portions that were temporarily withheld by reliance on thi s 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 cour t for an additional six-month period of time or less and cumulative time extensions shall 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 with out any person being criminally charged in the case in question and release of a recording 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 situations where one hundred twenty (120) days have expired since the creation of the recording, criminal charges have not been filed against a person and the recording is being withheld on the grounds provided for in this SENATE FLOOR VERSION - SB1088 SFLR Page 11 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 division, courts considering app eals to the use of the provisions of this division for temporarily withholding a recording 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 appea ls, the district court shall order that the recording be made available for public inspection and copying with n o 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 applica ble 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- month period of time or less and cumulative time extensions shall not ad d up to more than three (3) years. Provided, charges being filed against a pe rson in the case in SENATE FLOOR VERSION - SB1088 SFLR Page 12 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 copying, or (13) reveal the identity of law enforcem ent officers who have become subject to internal investigation by the law enforcement agency as a result of an event depicted in the recording . The option 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 r endered a decision as to final disciplinary action. At such time when an investigation has concluded and SENATE FLOOR VERSION - SB1088 SFLR Page 13 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the law enforcement agency has rendered its decision as to final disciplin ary action, the portions of the recordings previously withheld as provided for in this division shall be available for public inspection and c opying. The audio and video recordings withheld on the gr ounds provided for in this division shall be available f or public inspection and copying before the conclusion of the investigation if the investigation lasts for an unreasonable amount of time. B. 1. Except for the records listed in subsection A of this section and those made open by other state or local law s, law enforcement agencies may deny access to law enforcement records except where a court finds that the public interest or the interest of an individual outweighs the reason for denial. The provis ions of this section shall not operate to deny access to law enforcement records if such records have been previously made availabl e to the public as provided in the Oklahoma Open Records Act or as otherwise provided by law. 2. a. A law enforcement agency shall deny access to any audio or video recording that depicts the death of a law enforcement officer who was acting in the course of his or her official duties including any related SENATE FLOOR VERSION - SB1088 SFLR Page 14 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death, except where a court finds that the public interest or the interest of an individual outweighs the reason for denial. Provided, however, a law enforcement agency may allow a family member of the deceased law enforcement officer to hear or view such audio or video recording under protocols established by the law enforcement agency . For the purposes of this subparagraph, “family member” means a spouse, adult child, parent or sibling of the deceased law enforcement officer. b. Nothing in subparagraph a of this paragraph shall be construed to prohibit the prosecution and defense counsel from access to such audio or video recordings or the use of such reco rdings as evidence in a legal proceeding. C. Nothing contained in this section imposes any new recordkeeping requirements. Law enforcement records shall be kept for as long as is now or m ay 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. SENATE FLOOR VERSION - SB1088 SFLR Page 15 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. Registration files maintained by the Department of Corrections pursuant to 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 m aintains pursuant to Section 3311 of Title 70 of the Oklahoma St atutes and deny release of records relating to any employed or certified full- time officer, reserve officer, retired officer o r other person; teacher lesson plans, tests and other teaching mat erials; and personal communications concerning individual studen ts 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 records of that peace officer upon submitting a written request; 4. To provide, upon written request, to a ny 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 administrative proceedings where an adverse action was taken against a peac e officer; and SENATE FLOOR VERSION - SB1088 SFLR Page 16 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. Pursuant to an order of the district court of the State of Oklahoma. F. The Department of Public Safety shall keep confidential: 1. All records it maintains pursuant to its authority under Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway Patrol Division, the Communications Divisi on, and other divisions of the Department relating to: a. training, lesson plans, teaching materials, tests and test results, b. policies, procedures and operations, any of which are of a tactical nature, and c. the following information from radio lo gs: (1) telephone numbers, (2) addresses other than the location of inciden ts to which officers are dispatched, and (3) personal information which is contrary to the provisions of the Dri ver’s Privacy Protection Act, 18 United States Code, Sections 2721 through 2725; and 2. For the purpose of preventing identity theft and invasi on of law enforcement computer systems, except as provided in Title 47 of the Oklahoma Statutes, all driving re cords. SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -506, is amended to read as follows: SENATE FLOOR VERSION - SB1088 SFLR Page 17 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 2-506. A. Any peace officer o f 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 forf eited 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 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 SENATE FLOOR VERSION - SB1088 SFLR Page 18 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 nam e and address is known to the attorney in the o ffice 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 addre sses 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 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 noti ce has been mailed or published there is no ver ified answer on file, the court shall hear evidence upon the fact of the unlawfu l use and SENATE FLOOR VERSION - SB1088 SFLR Page 19 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 th e 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 . 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 equa l 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. SENATE FLOOR VERSION - SB1088 SFLR Page 20 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 J. If the amount due to su ch 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 i n 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 or ders 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 o f Corrections or the Office of the Attorney General. Property taken or detained by the O klahoma State 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. SENATE FLOOR VERSION - SB1088 SFLR Page 21 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 L. The proceeds of th e sale of any property not taken or detained by the Oklahoma State Bureau of Narcotics and Dangero us 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 o rder 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 fund to be used as a revolving fund solely for enforce ment of controlled dangerous substances laws, d rug 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 Att orneys Council; provided, one SENATE FLOOR VERSION - SB1088 SFLR Page 22 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 c ompliance 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 a gency 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 d rug 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 basis for establishing guideline s 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 distri bution shall maintain a true and accurate record of all such assets. SENATE FLOOR VERSION - SB1088 SFLR Page 23 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, co unty 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 prop erty 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. 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 inte rest. R. 1. At any hearing held relevant to this section, a report of the findings of the laboratory of the Oklahoma State Bureau of SENATE FLOOR VERSION - SB1088 SFLR Page 24 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Investigation, the medi cal examiner’s report of investigation or autopsy report, or a laboratory report from a forensic l aboratory 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 referen ce 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 e vidence. 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 subs tance 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 unde r the laws of this state, no portion of such su bstance 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 defenda nt shall additionally be required to submit to the court a procedure for transfer and analysis of the subject material to ensur e the SENATE FLOOR VERSION - SB1088 SFLR Page 25 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 integrity of the sample and to prevent the ma terial from being used in any illegal manner. 3. The court, upon motion of ei ther 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 p erson 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 t estimony ordered can be given. 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 fr om funds generated by seizure and forfeiture ac tions: 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; SENATE FLOOR VERSION - SB1088 SFLR Page 26 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Postjudgment inte rest; and 3. In cases involving currency or ot her 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 re asonably 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 enforceme nt agency by a federal law enforcement authorit y. 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 SENATE FLOOR VERSION - SB1088 SFLR Page 27 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 submitted pursuant to this subsection shall b e published as a data feed on the data.ok. gov website. SECTION 3. This act shall become effective November 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY February 21, 2023 - DO PASS