Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB1088 Amended / Bill

Filed 02/22/2023

                     
 
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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;   
 
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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;   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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,   
 
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(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   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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:   
 
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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   
 
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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   
 
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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.   
 
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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.   
 
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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   
 
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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.   
 
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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   
 
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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   
 
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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;   
 
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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   
 
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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