| 38 | 64 | | |
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| 39 | 65 | | An Act relating to asset forfeiture transparenc y; |
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| 40 | 66 | | amending 51 O.S. 2021, Section 24A.8, as amended by |
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| 41 | 67 | | Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp. |
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| 42 | 68 | | 2022, Section 24A.8), which relates to law |
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| 43 | 69 | | enforcement records; making certain reports available |
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| 44 | 70 | | for public inspection; amending 63 O.S. 20 21, Section |
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| 45 | 71 | | 2-506, which relates to seizure of proper ty; |
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| 46 | 72 | | requiring submission of certain report; requiring |
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| 47 | 73 | | publication of report on certain website ; updating |
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| 48 | 74 | | language; and providing an effective date . |
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| 49 | 75 | | |
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| 50 | 76 | | |
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| 51 | 77 | | |
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| 52 | 78 | | |
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| 53 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 54 | 80 | | SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.8, as |
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| 55 | 81 | | amended by Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp. 2022, |
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| 56 | 82 | | Section 24A.8), is amended to read as follows: |
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| 57 | 83 | | Section 24A.8. A. Law enforcement agencies shall mak e |
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| 58 | 84 | | available for public inspection and copying, if kept, the following |
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| 59 | 85 | | records: |
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| 60 | 86 | | 1. An arrestee description, including the name, date of birth, |
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| 61 | 87 | | address, race, sex, physical description, and occupation of the |
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| 62 | 88 | | arrestee; |
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| 92 | 142 | | 3. A chronological list of all incidents, including initial |
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| 93 | 143 | | offense report information showing the offense, date, time, general |
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| 94 | 144 | | location, officer, and a brief summary of what occurred; |
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| 95 | 145 | | 4. Radio logs, including a chronological listing of the calls |
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| 96 | 146 | | dispatched; |
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| 97 | 147 | | 5. Conviction information, including the name of any person |
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| 98 | 148 | | convicted of a criminal offense; |
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| 99 | 149 | | 6. Disposition of all warrants , including orders signe d by a |
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| 100 | 150 | | judge of any court commanding a law enforcement officer to arrest a |
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| 101 | 151 | | particular person; |
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| 102 | 152 | | 7. A crime summary, including an agency summary of crimes |
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| 103 | 153 | | reported and public calls for service by classification or nature |
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| 104 | 154 | | and number; |
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| 105 | 155 | | 8. Jail registers, including jail blotter data or jail booking |
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| 106 | 156 | | information recorded on persons at the time of in carceration showing |
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| 107 | 157 | | the name of each prisoner with the date and cause of commitment, t he |
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| 108 | 158 | | authority committing the prisoner, whether committed for a criminal |
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| 109 | 159 | | offense, a description of the prisoner, and the da te or manner of |
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| 110 | 160 | | discharge or escape of the prison er; |
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| 111 | 161 | | 9. Annual reports submitted pursuant to subsec tion T of Section |
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| 112 | 162 | | 2-506 of Title 63 of th e Oklahoma Statutes; |
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| 143 | 217 | | provided, the law enforcement agency may, before releasing any audio |
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| 144 | 218 | | or video recording p rovided for in this paragraph, redact or obscure |
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| 145 | 219 | | specific portions of the recording which: |
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| 146 | 220 | | a. depict the death of a p erson or a dead body, unless |
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| 147 | 221 | | the death was effecte d by a law enforcement officer, |
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| 148 | 222 | | b. depict nudity, |
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| 149 | 223 | | c. would identify minors under the age of sixteen (16) |
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| 150 | 224 | | years or would undermine any requirement to keep |
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| 151 | 225 | | certain juvenile records confidential as provided fo r |
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| 152 | 226 | | in Title 10A of the Oklahoma Statutes, |
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| 153 | 227 | | d. depict acts of severe violence resulting in great |
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| 154 | 228 | | bodily injury, as defined in Section 11 -904 of Title |
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| 155 | 229 | | 47 of the Oklahoma Statutes, against persons tha t are |
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| 156 | 230 | | clearly visible, unless the act of severe violence was |
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| 157 | 231 | | effected by a law enforcement officer, |
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| 158 | 232 | | e. depict great bodily injury, as defined in Section 11 - |
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| 159 | 233 | | 904 of Title 47 of the Oklahoma Statutes, un less the |
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| 160 | 234 | | great bodily injury was effected by a law enfor cement |
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| 161 | 235 | | officer, |
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| 162 | 236 | | f. include personal medical information that is not |
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| 163 | 237 | | already public, |
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| 194 | 292 | | mental health evaluation or treatment or drug or |
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| 195 | 293 | | alcohol detoxification purposes, |
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| 196 | 294 | | h. include personal information othe r than the name or |
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| 197 | 295 | | license plate number of a perso n not arrested, cited, |
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| 198 | 296 | | charged or issued a written warning. Such personal |
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| 199 | 297 | | information shall in clude any government-issued |
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| 200 | 298 | | identification number, date of bi rth, address or |
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| 201 | 299 | | financial information, or |
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| 202 | 300 | | i. reveal the identity of law enforcement officers who |
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| 203 | 301 | | have become subject to internal investigat ion by the |
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| 204 | 302 | | law enforcement agency as a result of an even t |
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| 205 | 303 | | depicted in the recording. The option to protect the |
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| 206 | 304 | | identity of a law enforcement officer shall not be |
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| 207 | 305 | | available to the law enforcement agency after the law |
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| 208 | 306 | | enforcement agency has concluded the in vestigation and |
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| 209 | 307 | | rendered a decision as to final discipli nary action. |
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| 210 | 308 | | At such time when an investigation has conclude d and |
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| 211 | 309 | | the law enforcement agency has rendered its decision |
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| 212 | 310 | | as to final disciplinary action, the por tions of the |
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| 213 | 311 | | recordings previously withh eld as provided for in this |
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| 214 | 312 | | subparagraph shall be availa ble for public inspection |
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| 245 | 367 | | conclusion of the investigation if the investigation |
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| 246 | 368 | | lasts for an unreasona ble amount of time; and |
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| 247 | 369 | | 10. 11. a. Audio and video recordings from recording |
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| 248 | 370 | | equipment attached to the person of a law enforcement |
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| 249 | 371 | | officer that depict: |
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| 250 | 372 | | (1) the use of any physical force or violence by a |
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| 251 | 373 | | law enforcement officer, |
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| 252 | 374 | | (2) pursuits of any kind, |
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| 253 | 375 | | (3) traffic stops, |
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| 254 | 376 | | (4) any person being arrested, cited, charg ed or |
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| 255 | 377 | | issued a written warning, |
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| 256 | 378 | | (5) events that directly led to any person being |
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| 257 | 379 | | arrested, cited, charged or receiving a written |
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| 258 | 380 | | warning, |
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| 259 | 381 | | (6) detentions of any length for the purpose of |
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| 260 | 382 | | investigation, |
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| 261 | 383 | | (7) any exercise of authority by a law enforcement |
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| 262 | 384 | | officer that deprives a citizen of his or her |
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| 263 | 385 | | liberty, |
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| 296 | 442 | | enforcement officers are appropriately performing |
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| 297 | 443 | | their duties as public servants, or |
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| 298 | 444 | | (10) any contextual events occurring before or after |
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| 299 | 445 | | the events depicted in divisions (1) through (9) |
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| 300 | 446 | | of this subparagraph. |
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| 301 | 447 | | b. Notwithstanding the provisions of subparagr aph a of |
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| 302 | 448 | | this paragraph, the law enforcement agenc y may, before |
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| 303 | 449 | | releasing any audio or video recording provided for in |
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| 304 | 450 | | this paragraph, redact or obscure specific portions of |
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| 305 | 451 | | the recording that: |
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| 306 | 452 | | (1) depict the death of a person or a dead body, |
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| 307 | 453 | | unless the death was effected by a law |
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| 308 | 454 | | enforcement officer, |
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| 309 | 455 | | (2) depict nudity, |
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| 310 | 456 | | (3) would identify minors under the age of sixteen |
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| 311 | 457 | | (16) years or would undermi ne any requirement to |
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| 312 | 458 | | keep certain juvenile records conf idential as |
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| 313 | 459 | | provided for in Title 10A of the Oklahoma |
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| 314 | 460 | | Statutes, |
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| 346 | 516 | | of severe violence was effected by a law |
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| 347 | 517 | | enforcement officer, |
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| 348 | 518 | | (5) depict great bodily injury, as defined in Section |
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| 349 | 519 | | 11-904 of Title 47 of the Oklahoma Statutes, |
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| 350 | 520 | | unless the great bodily injury was eff ected by a |
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| 351 | 521 | | law enforcement officer, |
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| 352 | 522 | | (6) include personal medical information that is not |
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| 353 | 523 | | already public, |
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| 354 | 524 | | (7) undermine the assertion of a privilege as |
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| 355 | 525 | | provided in Section 1-109 or Section 3-428 of |
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| 356 | 526 | | Title 43A of the Oklahoma Statutes for detention |
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| 357 | 527 | | or transportation for mental health evaluation or |
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| 358 | 528 | | treatment or drug or alcohol detoxification |
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| 359 | 529 | | purposes, |
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| 360 | 530 | | (8) identify alleged victims of sex crimes or |
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| 361 | 531 | | domestic violence, |
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| 362 | 532 | | (9) identify any person who provides information to |
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| 363 | 533 | | law enforcement or the information provided b y |
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| 364 | 534 | | that person when that person requests anonymity |
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| 365 | 535 | | or where disclosure of the identity of the person |
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| 397 | 591 | | (10) undermine the assertion of a privi lege to keep |
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| 398 | 592 | | the identity of an informer confidential as |
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| 399 | 593 | | provided for in Section 2510 of Title 12 of the |
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| 400 | 594 | | Oklahoma Statutes, |
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| 401 | 595 | | (11) include personal information other than the name |
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| 402 | 596 | | or license plate numbe r of a person not |
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| 403 | 597 | | officially arrested, cited, charged or issued a |
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| 404 | 598 | | written warning. Such personal information sh all |
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| 405 | 599 | | include any government -issued identification |
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| 406 | 600 | | number, date of birth, address o r financial |
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| 407 | 601 | | information, |
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| 408 | 602 | | (12) include information that would ma terially |
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| 409 | 603 | | compromise an ongoing criminal investigation or |
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| 410 | 604 | | ongoing criminal prosecution, provided that: |
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| 411 | 605 | | (a) ten (10) days following the formal |
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| 412 | 606 | | arraignment or initia l appearance, whichever |
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| 413 | 607 | | occurs first, of a person charged in the |
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| 414 | 608 | | case in question, the recordi ng shall be |
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| 415 | 609 | | made available for public inspection and |
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| 416 | 610 | | copying with no redaction of the portions |
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| 448 | 666 | | legal representative of the person charged |
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| 449 | 667 | | may request from the appropriate district |
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| 450 | 668 | | court an extension of time during which the |
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| 451 | 669 | | recording may be withheld u nder the |
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| 452 | 670 | | provisions of this d ivision. When a request |
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| 453 | 671 | | for an extension of time has been filed with |
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| 454 | 672 | | the court, the recording in question may be |
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| 455 | 673 | | withheld until the court has issued a |
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| 456 | 674 | | ruling. Such requests fo r an extension of |
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| 457 | 675 | | the time during which the record ing may be |
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| 458 | 676 | | withheld may be made on the grounds that |
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| 459 | 677 | | release of the recording will materially |
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| 460 | 678 | | compromise an ongoing criminal investigation |
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| 461 | 679 | | or criminal prosecution or on the grounds |
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| 462 | 680 | | that release of the record ing will |
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| 463 | 681 | | materially compromise the right of an |
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| 464 | 682 | | accused to a fair trial that has yet to |
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| 465 | 683 | | begin. Courts considering such requests |
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| 466 | 684 | | shall conduct a hearing and consider whether |
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| 467 | 685 | | the interests of the public outweigh the |
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| 499 | 741 | | redaction of the portions that were |
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| 500 | 742 | | temporarily withheld by reliance on thi s |
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| 501 | 743 | | division or order an extension of time |
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| 502 | 744 | | during which the recording may be withheld |
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| 503 | 745 | | under the provisions o f this division. |
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| 504 | 746 | | Provided further, each such time extension |
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| 505 | 747 | | shall only be ordered by the cour t for an |
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| 506 | 748 | | additional six-month period of time or less |
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| 507 | 749 | | and cumulative time extensions shall not add |
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| 508 | 750 | | up to more than eighteen (18) months, or |
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| 509 | 751 | | (b) in the event that one hundred twenty (120) |
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| 510 | 752 | | days expire from the date of the events |
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| 511 | 753 | | depicted in the recording with out any person |
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| 512 | 754 | | being criminally charged in the case in |
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| 513 | 755 | | question and release of a recording or |
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| 514 | 756 | | portions of a recording have been denied on |
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| 515 | 757 | | the grounds provided for in this division, |
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| 516 | 758 | | an appeal of such denial may be made to the |
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| 517 | 759 | | appropriate district court. In situations |
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| 518 | 760 | | where one hundred twenty (120) days have |
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| 550 | 816 | | division, courts considering app eals to the |
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| 551 | 817 | | use of the provisions of this division for |
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| 552 | 818 | | temporarily withholding a recording shall |
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| 553 | 819 | | conduct a hearing and consider whether the |
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| 554 | 820 | | interests of the publi c outweigh the |
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| 555 | 821 | | interests of the parties protected by this |
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| 556 | 822 | | division. In response to such appea ls, the |
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| 557 | 823 | | district court shall order that the |
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| 558 | 824 | | recording be made available for public |
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| 559 | 825 | | inspection and copying with n o redaction of |
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| 560 | 826 | | the portions that were temporarily withheld |
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| 561 | 827 | | by reliance on this division or order an |
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| 562 | 828 | | extension of time during which the recording |
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| 563 | 829 | | may be withheld under the provisions of this |
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| 564 | 830 | | division. An order granting an extension of |
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| 565 | 831 | | time shall be applica ble to the recording |
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| 566 | 832 | | against all appellants for th e duration of |
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| 567 | 833 | | the extension. Provided, each such time |
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| 568 | 834 | | extension shall only be ordered by the |
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| 569 | 835 | | district court for an additional twelve- |
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| 601 | 891 | | question automatically cancels any extension |
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| 602 | 892 | | of time. A new request for an extension of |
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| 603 | 893 | | time following an arraignment or initial |
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| 604 | 894 | | appearance may be requested by the parties |
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| 605 | 895 | | on the grounds and under the terms provided |
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| 606 | 896 | | for in subdivision (a) of this division. |
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| 607 | 897 | | The options presented in this division to |
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| 608 | 898 | | potentially withhold a recording or portions of a |
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| 609 | 899 | | recording on the grounds provided for in this |
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| 610 | 900 | | division shall expire in totality four (4) years |
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| 611 | 901 | | after the recording was made at which time all |
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| 612 | 902 | | recordings previously withheld on the grounds |
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| 613 | 903 | | provided for in this division shall be made |
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| 614 | 904 | | available for public inspection and copying, or |
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| 615 | 905 | | (13) reveal the identity of law enforcem ent officers |
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| 616 | 906 | | who have become subject to internal i nvestigation |
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| 617 | 907 | | by the law enforcement agency as a result of an |
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| 618 | 908 | | event depicted in the recording . The option to |
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| 619 | 909 | | protect the identity of a law enforcement officer |
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| 620 | 910 | | shall not be available to the law enforcement |
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| 652 | 966 | | the law enforcement agency has rendered its |
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| 653 | 967 | | decision as to final disciplin ary action, the |
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| 654 | 968 | | portions of the recordings previou sly withheld as |
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| 655 | 969 | | provided for in this division shall be available |
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| 656 | 970 | | for public inspection and c opying. The audio and |
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| 657 | 971 | | video recordings withheld on the gr ounds provided |
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| 658 | 972 | | for in this division shall be available f or |
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| 659 | 973 | | public inspection and copying before the |
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| 660 | 974 | | conclusion of the investigation if the |
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| 661 | 975 | | investigation lasts for an unreasonable amount of |
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| 662 | 976 | | time. |
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| 663 | 977 | | B. 1. Except for the records listed in subsection A of this |
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| 664 | 978 | | section and those made open by other state or local law s, law |
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| 665 | 979 | | enforcement agencies may deny access to law enforcement records |
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| 666 | 980 | | except where a court finds that the public interest or the interest |
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| 667 | 981 | | of an individual outweighs the reason for denial. The provis ions of |
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| 668 | 982 | | this section shall not operate to deny access to law enforcement |
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| 669 | 983 | | records if such records have been previously made availabl e to the |
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| 670 | 984 | | public as provided in the Oklahoma Open Records Act or as otherwise |
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| 671 | 985 | | provided by law. |
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| 703 | 1041 | | acts or events immediately preceding or subsequent to |
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| 704 | 1042 | | the acts or events that caused or otherwise relate to |
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| 705 | 1043 | | the death, except where a court finds that the public |
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| 706 | 1044 | | interest or the interest of an individual outweighs |
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| 707 | 1045 | | the reason for denial . Provided, however, a law |
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| 708 | 1046 | | enforcement agency may allow a family member of the |
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| 709 | 1047 | | deceased law enforcement officer to hear or view such |
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| 710 | 1048 | | audio or video recording under protocols established |
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| 711 | 1049 | | by the law enforcement agency. For the purposes of |
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| 712 | 1050 | | this subparagraph, “family member” means a spouse, |
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| 713 | 1051 | | adult child, parent or sibling of the deceased law |
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| 714 | 1052 | | enforcement officer. |
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| 715 | 1053 | | b. Nothing in subparagraph a of this paragraph shall be |
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| 716 | 1054 | | construed to prohibit the prosecution and defense |
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| 717 | 1055 | | counsel from access to such audio or video recordings |
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| 718 | 1056 | | or the use of such reco rdings as evidence in a legal |
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| 719 | 1057 | | proceeding. |
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| 720 | 1058 | | C. Nothing contained in this section imposes any new |
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| 721 | 1059 | | recordkeeping requirements. Law enforcement records shall be kept |
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| 722 | 1060 | | for as long as is now or m ay hereafter be specified by law. Absent |
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| 753 | 1115 | | D. Registration files maintained by the Department of |
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| 754 | 1116 | | Corrections pursuant to the provisions of the Sex Offenders |
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| 755 | 1117 | | Registration Act shall be made available for public inspection in a |
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| 756 | 1118 | | manner to be determined by the Department. |
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| 757 | 1119 | | E. The Council on Law Enforcement Education and Training |
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| 758 | 1120 | | (C.L.E.E.T.) shall keep confidential all records it m aintains |
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| 759 | 1121 | | pursuant to Section 3311 of Title 70 of the Oklahoma St atutes and |
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| 760 | 1122 | | deny release of records relating to any employed or certified full- |
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| 761 | 1123 | | time officer, reserve offi cer, retired officer o r other person; |
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| 762 | 1124 | | teacher lesson plans, tests and other teaching mat erials; and |
|---|
| 763 | 1125 | | personal communications concerning individual studen ts except under |
|---|
| 764 | 1126 | | the following circumstances: |
|---|
| 765 | 1127 | | 1. To verify the current certification status of any peace |
|---|
| 766 | 1128 | | officer; |
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| 767 | 1129 | | 2. As may be required to perform the duties imposed by Section |
|---|
| 768 | 1130 | | 3311 of Title 70 of the Oklahoma Statutes; |
|---|
| 769 | 1131 | | 3. To provide to any peace officer copies of the records of |
|---|
| 770 | 1132 | | that peace officer upon submitting a written request; |
|---|
| 771 | 1133 | | 4. To provide, upon wri tten request, to any law enforcement |
|---|
| 772 | 1134 | | agency conducting an official investigation, co pies of the records |
|---|
| 773 | 1135 | | of any peace officer who is the subject of such investigation; |
|---|
| 803 | 1189 | | 6. Pursuant to an order of the district court of the State of |
|---|
| 804 | 1190 | | Oklahoma. |
|---|
| 805 | 1191 | | F. The Department of Public Safety shall keep confidential: |
|---|
| 806 | 1192 | | 1. All records it maintains pursuant to its authority under |
|---|
| 807 | 1193 | | Title 47 of the Oklahoma Stat utes relating to the Oklahoma Highway |
|---|
| 808 | 1194 | | Patrol Division, the Communications Divisi on, and other divisions of |
|---|
| 809 | 1195 | | the Department relating to: |
|---|
| 810 | 1196 | | a. training, lesson plans, teaching materials, tests and |
|---|
| 811 | 1197 | | test results, |
|---|
| 812 | 1198 | | b. policies, procedures and operations, any of whi ch are |
|---|
| 813 | 1199 | | of a tactical nature, and |
|---|
| 814 | 1200 | | c. the following information from radio lo gs: |
|---|
| 815 | 1201 | | (1) telephone numbers, |
|---|
| 816 | 1202 | | (2) addresses other than the location of inciden ts to |
|---|
| 817 | 1203 | | which officers are dispatched, and |
|---|
| 818 | 1204 | | (3) personal information which is contrary to the |
|---|
| 819 | 1205 | | provisions of the Driver’s Privacy Protection |
|---|
| 820 | 1206 | | Act, 18 United States Code, Sections 2721 through |
|---|
| 821 | 1207 | | 2725; and |
|---|
| 822 | 1208 | | 2. For the purpose of preventing identity theft and invasi on of |
|---|
| 823 | 1209 | | law enforcement computer systems, except as provided in Title 47 of |
|---|
| 824 | 1210 | | the Oklahoma Statutes, all drivi ng records. |
|---|
| 854 | 1264 | | Section 2-506. A. Any peace officer o f this state shall seize |
|---|
| 855 | 1265 | | the following property : |
|---|
| 856 | 1266 | | 1. Any property described in subsection A of Section 2-503 of |
|---|
| 857 | 1267 | | this title. Such property shall be held as evidence until a |
|---|
| 858 | 1268 | | forfeiture has been declared or release ordered, except for property |
|---|
| 859 | 1269 | | described in paragraphs 1, 2 and 3 of subsection A of Section 2-503 |
|---|
| 860 | 1270 | | of this title, or in the case of mo ney, coins, and currency, |
|---|
| 861 | 1271 | | deposited as provided in subsection E of Section 2 -503 of this |
|---|
| 862 | 1272 | | title; provided, any money, coins and currency taken or detained |
|---|
| 863 | 1273 | | pursuant to this section may be deposited in an interest -bearing |
|---|
| 864 | 1274 | | account by or at the direction of the district attorney in the |
|---|
| 865 | 1275 | | office of the county treasurer if the district attorney determi nes |
|---|
| 866 | 1276 | | the currency is not to be held as evidence. All interest earned on |
|---|
| 867 | 1277 | | such monies shall be returned to the claimant or forf eited with the |
|---|
| 868 | 1278 | | money, coins and currency w hich was taken or detained as provided by |
|---|
| 869 | 1279 | | law; |
|---|
| 870 | 1280 | | 2. Any property described in subsection B of Section 2-503 of |
|---|
| 871 | 1281 | | this title; or |
|---|
| 872 | 1282 | | 3. Any property described in subsection C of Section 2-503 of |
|---|
| 873 | 1283 | | this title. |
|---|
| 874 | 1284 | | B. Notice of seizure and intended forfeiture proceeding shall |
|---|
| 875 | 1285 | | be filed in the office of the c lerk of the district court for the |
|---|
| 905 | 1339 | | law, no filing fees shall be assessed by the cour t clerk for the |
|---|
| 906 | 1340 | | filing of any forfeitu re action. |
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| 907 | 1341 | | C. Notice shall be given by the agency seeking forfeiture |
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| 908 | 1342 | | according to one of the following methods: |
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| 909 | 1343 | | 1. Upon each owner or party in interest whose right, title or |
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| 910 | 1344 | | interest is of record in the Tax Commissio n, by mailing a copy of |
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| 911 | 1345 | | the notice by certified mail to the address as given upon the |
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| 912 | 1346 | | records of the Tax Commission; |
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| 913 | 1347 | | 2. Upon each owner or party in interest whose nam e and address |
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| 914 | 1348 | | is known to the attorney in the o ffice of the agency prosecuting the |
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| 915 | 1349 | | action to recover unpaid fines, by mailing a copy of the notice by |
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| 916 | 1350 | | registered mail to the last -known address; or |
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| 917 | 1351 | | 3. Upon all other owners or interested parties, whose addre sses |
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| 918 | 1352 | | are unknown, but who are believed to have an interest in the |
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| 919 | 1353 | | property, by one public ation in a newspaper of general circul ation |
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| 920 | 1354 | | in the county where the seizure was made. |
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| 921 | 1355 | | D. Within forty-five (45) days after the mailing or publication |
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| 922 | 1356 | | of the notice, the owner of the property and any other party in |
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| 923 | 1357 | | interest or claimant may file a verified answer and claim to the |
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| 924 | 1358 | | property described in the notice of seizure and of the intended |
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| 925 | 1359 | | forfeiture proceeding. |
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| 956 | 1414 | | shall order the property forfeited to the state, if such fact is |
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| 957 | 1415 | | proved. Except as otherwise provided for in Section 2 -503 of this |
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| 958 | 1416 | | title, any such property shall be forfeited to the state and sold |
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| 959 | 1417 | | under judgment of the court pursuant to the prov isions of Section 2- |
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| 960 | 1418 | | 508 of this title. |
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| 961 | 1419 | | F. If a verified answer is filed, the forfeiture proceeding |
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| 962 | 1420 | | shall be set for hearing. |
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| 963 | 1421 | | G. At a hearing in a proceeding against property described in |
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| 964 | 1422 | | paragraphs 3 through 9 of sub section A or subsections B and C of |
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| 965 | 1423 | | Section 2-503 of this title, the requirements set for th in said the |
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| 966 | 1424 | | paragraph or subsection, respectively, shall be satisfied by th e |
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| 967 | 1425 | | state by a preponderance of the evidence. |
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| 968 | 1426 | | H. The claimant of any right, titl e, or interest in the |
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| 969 | 1427 | | property may prove a lien, mortgage, or conditional sales contract |
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| 970 | 1428 | | to be a bona fide or innocent ownersh ip interest and that such |
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| 971 | 1429 | | right, title, or interest was created without any knowledge or |
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| 972 | 1430 | | reason to believe that the property was being, or w as to be, used |
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| 973 | 1431 | | for the purpose charged . |
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| 974 | 1432 | | I. In the event of such proof, the court shall o rder the |
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| 975 | 1433 | | property released to the bona fide or innocent owner, lien holder, |
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| 976 | 1434 | | mortgagee or vendor if the amount due him is equa l to, or in excess |
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| 1007 | 1489 | | J. If the amount due to su ch person is less than the value of |
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| 1008 | 1490 | | the property, or if no bona fide claim is established , the property |
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| 1009 | 1491 | | shall be forfeited to t he state and sold under judgment of the |
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| 1010 | 1492 | | court, as provided for in Section 2 -508 of this title, except as |
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| 1011 | 1493 | | otherwise provided for i n Section 2-503 of this title. |
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| 1012 | 1494 | | K. Property taken or detained under this section shall no t be |
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| 1013 | 1495 | | repleviable, but shall be deemed to be in the custody of the office |
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| 1014 | 1496 | | of the district attorney of the county wher ein the property was |
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| 1015 | 1497 | | seized, subject only to the or ders and decrees of the court or the |
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| 1016 | 1498 | | official having jurisdiction thereof; said the official shall |
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| 1017 | 1499 | | maintain a true and accurate inventory and record of all such |
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| 1018 | 1500 | | property seized under the provisions of this section. The |
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| 1019 | 1501 | | provisions of this subsection shall not apply to property taken or |
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| 1020 | 1502 | | detained by the Oklahoma State Bureau of Narcotics and Dan gerous |
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| 1021 | 1503 | | Drugs Control, the Department o f Public Safety, the Oklahoma State |
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| 1022 | 1504 | | Bureau of Investigation, the Alcoholic Bev erage Laws Enforcement |
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| 1023 | 1505 | | Commission, the Department o f Corrections or the Office of the |
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| 1024 | 1506 | | Attorney General. Property taken or detained by the O klahoma State |
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| 1025 | 1507 | | Bureau of Narcotics and Dangerous Drugs Control, the Department of |
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| 1026 | 1508 | | Public Safety, the Oklahoma State B ureau of Investigation, the |
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| 1027 | 1509 | | Alcoholic Beverage Laws Enforcement Commission, the Department of |
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| 1058 | 1564 | | L. The proceeds of th e sale of any property not taken or |
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| 1059 | 1565 | | detained by the Oklahoma State Bureau of Narcotics and Dangero us |
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| 1060 | 1566 | | Drugs Control, the Department of Public Safety, the Oklahoma State |
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| 1061 | 1567 | | Bureau of Investigation, the Alcoholic Beverage Laws Enforcem ent |
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| 1062 | 1568 | | Commission, the Departm ent of Corrections or the Office of the |
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| 1063 | 1569 | | Attorney General shall be distributed as follows, in the o rder |
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| 1064 | 1570 | | indicated: |
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| 1065 | 1571 | | 1. To the bona fide or in nocent purchaser, conditional sales |
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| 1066 | 1572 | | vendor or mortgagee of the property, if any, up to th e amount of his |
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| 1067 | 1573 | | or her interest in the property, when the court declaring the |
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| 1068 | 1574 | | forfeiture orders a distribution to such person ; |
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| 1069 | 1575 | | 2. To the payment of the actual expense s of preserving the |
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| 1070 | 1576 | | property and legitimate costs related to the civil forfeiture |
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| 1071 | 1577 | | proceedings. For purposes of this paragraph, the term “legitimate |
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| 1072 | 1578 | | costs” shall not include court costs associated with any civil |
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| 1073 | 1579 | | forfeiture proceeding; and |
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| 1074 | 1580 | | 3. The balance to a revolving fund in the office of th e county |
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| 1075 | 1581 | | treasurer of the county wherein the proper ty was seized, said the |
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| 1076 | 1582 | | fund to be used as a revolving fund solely for enforce ment of |
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| 1077 | 1583 | | controlled dangerous substances laws, d rug abuse prevention and drug |
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| 1078 | 1584 | | abuse education, and maintained by the district at torney in his or |
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| 1109 | 1639 | | hundred percent (100%) of the balance of the proce eds of such sale |
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| 1110 | 1640 | | of property forfeited due to nonpa yment of a fine imposed pur suant |
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| 1111 | 1641 | | to the provisions of Section 2 -415 of this title shall be |
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| 1112 | 1642 | | apportioned as provided in Section 2-416 of this title. The |
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| 1113 | 1643 | | revolving fund shall be audited by the State Auditor and Inspector |
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| 1114 | 1644 | | at least every two (2) years in the m anner provided in Section 1 71 |
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| 1115 | 1645 | | of Title 19 of the Oklahoma Statutes. Said The audit shall include, |
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| 1116 | 1646 | | but not be limited to, a c ompliance audit. A district attorney may |
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| 1117 | 1647 | | enter into agreements with municipal, tribal, county or state |
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| 1118 | 1648 | | agencies to return to such an agency a percentage of p roceeds of the |
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| 1119 | 1649 | | sale of any property seized by the a gency and forfeited under the |
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| 1120 | 1650 | | provisions of this section. The District Attorneys Council shall |
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| 1121 | 1651 | | adopt guidelines which ensure t hat such agencies receive a |
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| 1122 | 1652 | | reasonable percentage o f such proceeds, considerin g the relative |
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| 1123 | 1653 | | contribution of each agency to the d rug enforcement and prosecution |
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| 1124 | 1654 | | operations relating to the seizure. In formulating said the |
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| 1125 | 1655 | | guidelines, the District Attorneys Council shall examine federal |
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| 1126 | 1656 | | guidelines on asset distribution and use said the guidelines as a |
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| 1127 | 1657 | | basis for establishing guideline s for this state. The Attorney |
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| 1128 | 1658 | | General is hereby authorized to mediate disputes between district |
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| 1129 | 1659 | | attorneys and such agencies c oncerning the application of said the |
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| 1160 | 1714 | | M. Whenever any veh icle, airplane or vessel is forfeited under |
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| 1161 | 1715 | | the Uniform Controlled Dangerous Substances A ct, the district court |
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| 1162 | 1716 | | of jurisdiction may order that the vehicle, airplane or vessel |
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| 1163 | 1717 | | seized may be retained by the state, co unty or city law enforcement |
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| 1164 | 1718 | | agency which seized the vehicle, airplane or vessel for its official |
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| 1165 | 1719 | | use. |
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| 1166 | 1720 | | N. If the court finds that the state failed to satisfy the |
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| 1167 | 1721 | | required showing provided for in subsection G of this section, the |
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| 1168 | 1722 | | court shall order the prop erty released to the owner or owners. |
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| 1169 | 1723 | | O. Except as provided for in subsection Q of this section, a |
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| 1170 | 1724 | | bona fide or innocent owner, li en holder, mortgagee or ven dor that |
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| 1171 | 1725 | | recovers property pursuant to this section shall not be liable for |
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| 1172 | 1726 | | storage fees. |
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| 1173 | 1727 | | P. Except as provided for in subsection Q of this section, |
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| 1174 | 1728 | | storage fees shall be paid b y the agency which is processing the |
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| 1175 | 1729 | | seizure and forfeiture from funds generat ed by seizure and |
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| 1176 | 1730 | | forfeiture actions. |
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| 1177 | 1731 | | Q. The bona fide or innocent owner, lien holder, mortgagee or |
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| 1178 | 1732 | | vendor shall reclaim subject seized pro perty within thirty (30) days |
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| 1179 | 1733 | | of written notice from the seizing agency. If such person fails to |
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| 1211 | 1789 | | Investigation, the medi cal examiner’s report of investigation or |
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| 1212 | 1790 | | autopsy report, or a laboratory report from a forensic l aboratory |
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| 1213 | 1791 | | operated by the State of Oklahom a or any political subdivision |
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| 1214 | 1792 | | thereof, which has been made available to the accused by t he office |
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| 1215 | 1793 | | of the district attorney or other party to the forfeiture at least |
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| 1216 | 1794 | | five (5) days prior to the hearing, with referen ce to all or part of |
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| 1217 | 1795 | | the evidence submitte d, when certified as correct by the pe rsons |
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| 1218 | 1796 | | making the report shall be received as eviden ce of the facts and |
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| 1219 | 1797 | | findings stated, if relevant and otherwise admissible in e vidence. |
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| 1220 | 1798 | | If such report is deemed relevant by the forfeiture applicant or the |
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| 1221 | 1799 | | respondent, the court shall admit such report wi thout the testimony |
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| 1222 | 1800 | | of the person making the report , unless the court, pursuan t to this |
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| 1223 | 1801 | | subsection, orders such person to appear. |
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| 1224 | 1802 | | 2. When any alleged controlled dangerous subs tance has been |
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| 1225 | 1803 | | submitted to the laboratory of the OSBI for analysis, and such |
|---|
| 1226 | 1804 | | analysis shows that the submitted material is a contr olled dangerous |
|---|
| 1227 | 1805 | | substance, the distribution of which constitutes a felony unde r the |
|---|
| 1228 | 1806 | | laws of this state, no portion of such su bstance shall be released |
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| 1229 | 1807 | | to any other person or laboratory except to the crimin al justice |
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| 1230 | 1808 | | agency originally submitting the substan ce to the OSBI for analysis , |
|---|
| 1261 | 1863 | | integrity of the sample and to prevent the ma terial from being used |
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| 1262 | 1864 | | in any illegal manner. |
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| 1263 | 1865 | | 3. The court, upon motion of ei ther party, shall order the |
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| 1264 | 1866 | | attendance of any person preparing a report submitted as evid ence in |
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| 1265 | 1867 | | the hearing when it appears th ere is a substantial likelihood that |
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| 1266 | 1868 | | material evidence not contained in said the report may be produced |
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| 1267 | 1869 | | by the testimony of any p erson having prepared a report. The |
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| 1268 | 1870 | | hearing shall be held and, if sustained, an order is sued not less |
|---|
| 1269 | 1871 | | than five (5) days prior to the time when the testimony shall be |
|---|
| 1270 | 1872 | | required. |
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| 1271 | 1873 | | 4. If within five (5) days prior to the hearing or during a |
|---|
| 1272 | 1874 | | hearing, a motion is made pursuant to this section requiring a |
|---|
| 1273 | 1875 | | person having prepared a report to testify, the court may hear a |
|---|
| 1274 | 1876 | | report or other evidence but shall continue the hearing until such |
|---|
| 1275 | 1877 | | time notice of the motion a nd hearing is given to the person making |
|---|
| 1276 | 1878 | | the report, the motion is heard, and, if sustained, the t estimony |
|---|
| 1277 | 1879 | | ordered can be given. |
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| 1278 | 1880 | | S. In any forfeiture proceeding under this chapt er in which the |
|---|
| 1279 | 1881 | | defendant or claimant prevails, the court may order the plaint iff |
|---|
| 1280 | 1882 | | processing the seizure and forfeiture to pay fr om funds generated by |
|---|
| 1281 | 1883 | | seizure and forfeiture ac tions: |
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| 1312 | 1938 | | 2. Postjudgment inte rest; and |
|---|
| 1313 | 1939 | | 3. In cases involving currency or ot her negotiable instruments: |
|---|
| 1314 | 1940 | | a. interest actually paid to the state from the date of |
|---|
| 1315 | 1941 | | seizure or arrest of the property that resulted from |
|---|
| 1316 | 1942 | | the investment of the property in an interest -bearing |
|---|
| 1317 | 1943 | | account or instrument, and |
|---|
| 1318 | 1944 | | b. an imputed amount of interest that such currency, |
|---|
| 1319 | 1945 | | instruments, or proceeds wo uld have earned at the rate |
|---|
| 1320 | 1946 | | applicable to the thirty-day Treasury Bill, for any |
|---|
| 1321 | 1947 | | period during which no interest was paid, not |
|---|
| 1322 | 1948 | | including any period when the property re asonably was |
|---|
| 1323 | 1949 | | in use as evidence in an official proceeding or in |
|---|
| 1324 | 1950 | | conducting scientific tes ts for the purpose of |
|---|
| 1325 | 1951 | | collecting evidence, commencing fifteen (15) days |
|---|
| 1326 | 1952 | | after the property was seized by a law enfor cement |
|---|
| 1327 | 1953 | | agency or was turned over to a law enforceme nt agency |
|---|
| 1328 | 1954 | | by a federal law enforcement authorit y. |
|---|
| 1329 | 1955 | | T. Any law enforcement agency seizing property pursuant to this |
|---|
| 1330 | 1956 | | section shall submit an annual report by February 1 of each yea r |
|---|
| 1331 | 1957 | | identifying the property seized and the disposition of such property |
|---|
| 1332 | 1958 | | to the Governor, the President Pro Tempore and the Chair of the |
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