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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1874 By: Weaver
AS INTRODUCED
An Act relating to the public health and safety;
amending 63 O.S. 2021, Sections 2-505, 2-507, and 2-
508, which relate to the Uniform Co ntrolled Dangerous
Substances Act; authorizing destruction of certain
substances by certain state entities; updating
statutory language and references; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -505, is
amended to read as follows:
Section 2-505. A. All controlled substances in Schedule I of
Section 2-204 of this title and all controlled substances in
Schedules II, III, IV, and V that are not in properly labeled
containers in accordance with this act the Uniform Controlled
Dangerous Substances Act that are possessed, transferred, sold, or
offered for sale in violation of this act the Uniform Controlled
Dangerous Substances Act are deemed contraband and shall be seized
and summarily forfeited.
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B. All hazardous materials and all property contaminated with
hazardous materials described in p aragraph 2 of subsection A of
Section 2-503 of this title, used or intended to be used by perso ns
to unlawfully manufacture or attempt to manufacture any controlled
dangerous substance, shall be summarily forfeited to the state and
submitted to the Oklahoma State Bureau of Investigation (OSBI),
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
(OBN), the Oklahoma Highway Patrol (OHP), or any agency author ized
by such entities for prompt destruction in accordance with state and
federal laws.
C. Species of plants from which controlled substances in
Schedules I or II of the Uniform Control led Dangerous Substances Act
may be derived which have been planted or cultivated in violation of
the Uniform Controlled Dangerous Substances Act, or of which the
owners or cultivators are unknown, or which are wild growths, may be
seized by peace offi cers, summarily forfeited and, in lieu of the
eradication procedures conta ined in Section 2-509 of this title,
promptly cut and burned where seized or destroyed by applications of
herbicides approved for such purpose and registered for use in
Oklahoma by the Oklahoma Department of Agriculture, Food, and
Forestry. The Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control shall ensure that persons spraying the plants are
trained in the appropriate use of the herb icide and any safety and
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protection issues pursuant to the requirements of the Oklahoma
Department of Agricultu re, Food, and Forestry.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -507, is
amended to read as follows:
Section 2-507. Any peace officer of this state seizin g any of
the property described in paragraphs 1 and 2 of subsection A of
Section 2-503 of this title shall cause a written inventory to be
made and maintain custody of the same until all legal actions have
been exhausted unless such property has been p laced in lawful
custody of a court or state or federal law enforcement agency or
unless otherwise provided by law. After all legal actions have been
exhausted with respect to such property, the property shall be
surrendered by the court, law enforcement agenc y or person having
custody of the same to the Oklahoma State Bureau of Investigation
(OSBI), Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control (OBN), the Oklahoma Highway Patrol (OHP), or any agency
authorized by such entities to be destroyed as provided in Section
2-508 of this title. The property shall be accompanied with a
written inventory on forms to be furnished by the Oklahoma State
Bureau of Investigation.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -508, is
amended to read as follows:
Section 2-508. A. Except as otherwise provided, all property
described in paragraphs 1 and 2 of subsection A of Section 2 -503 of
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this title which is seized or surre ndered pursuant to th e provisions
of the Uniform Controlle d Dangerous Substances Act shall be
destroyed. The destruction shall be done by or at the direction of
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
(OSBNDD) (OBN), who shall have the discretion prior to destruction
to preserve samples of the substance for testing. In any county
with a population of four hundred thousand (400,000) or more
according to the latest Federal Decennial Census, there shall be a
located site, approved by the OSBNDD OBN, for the destruction of the
property. Any such property submitted to the OSBNDD OBN which it
deems to be of use for invest igative training, educational, or
analytical purposes may be retained by the OSBNDD OBN in lieu of
destruction.
B. 1. With respect to controlled dangerous substances seized
or surrendered pursuant to the provisions of the Uniform Controlled
Dangerous Substances Act, municipal police departments, sheriffs,
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Commission (OBN), the Oklahoma Highway Patrol (OHP), and the
Oklahoma State Bureau of Investigation (OSBI), or any agency
authorized by such entities shall have the authority to destroy
seized controlled dangerous substances when the amount seized in a
single incident exceeds ten (10) pounds. The destroying age ncy
shall:
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a. photograph the seized substance with identifying case
numbers or other means of identification,
b. prepare a report describing the seize d substance prior
to the destruction,
c. retain at least one (1) pound of the substance
randomly selected from the seized substance for the
purpose of evidence, and
d. obtain and retain samples of the substance from enough
containers, bales, bricks, or other units of substance
seized to establish the presence of a weight of the
substance necessary to establish a violation of the
Trafficking in Illegal Drugs Act pursuant to
subsection C of Sect ion 2-415 of this title, if such a
weight is present. If such we ight is not present,
samples of the substance from each con tainer, bale,
brick or other unit of substance seized shall be
taken. Each sample taken pu rsuant to this section
shall be large enough for the destroying agency and
the defendant or suspect to have an independent test
performed on the substance for purposes of
identification.
2. If a defendant or sus pect is known to the destroying agency,
the destroying agency shall give at least sev en (7) days’ written
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notice to the defendant, suspect or counsel for the defendant or
suspect of:
a. the date, the time, and the place w here the
photographing will take pl ace and notice of the right
to attend the photographing, and
b. the right to obtain samples of the controlled
dangerous substance for independent testing and use as
evidence.
3. The written notice shall also inform the defendant, suspect
or counsel for the defendant or suspect that the destroying agency
must be notified in writing within seven (7) days from receipt of
the notice of the intent of the su spect or defendant to obtain
random samples and make arrangements for t he taking of samples. The
samples for the defendant or suspect must be taken b y a person
licensed by the Drug Enf orcement Administration. If the defendant
or counsel for the defendant fails to notify the destroying agency
in writing of an intent to obtain samples and fails to make
arrangements for the taking of samples, a sample taken pursuant to
subparagraph d of paragra ph 1 of this subsection shall be made
available upon request of t he defendant or suspect.
The representative samples, the photographs, t he reports, and
the records made under this section and properly identified sha ll be
admissible in any court or ad ministrative proceeding for any
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purposes for which the seized substance itself would have been
admissible.
C. All other property not otherwise provided for in the Uniform
Controlled Dangerous Substances Act which has come into the
possession of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation , the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corrections , the Office of the
Attorney General, or a district attorney may be disposed of by order
of the district court when no longer needed in connection with any
litigation. If the owner of the property is unknown to the a gency
or district attorney, the agency or district attorney shall hold the
property for at least six (6) months prior to filing a petition for
disposal with the district court except for laboratory equipment
which may be forfeited when no longer needed in connection with
litigation, unless the property is perishable. The Director or
Commissioner of the agency, the Attorney General, or district
attorney shall file a petition in the district court of Oklahoma
County or in the case of a district attorney, the petition shall be
filed in a county within the jurisdiction of the district attorney
requesting the authority to:
1. Conduct a sale of the property at a public auction or use an
Internet auction, which may include online bidding; or
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2. Convert title of the property to the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Cont rol, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
the Office of the Attorney General, or to the district attorney ’s
office for the purposes provide d for in subsection J, K or L of this
section.
The Director, Commissioner, Attorney General or district
attorney shall attach to the petition:
a. a list describing the pro perty, including all
identifying numbers and marks, if any,
b. the date the property came into the possession of the
agency or district attorney, and
c. the name and address of the owner, if known.
For any item having an apparent value in excess of One Hun dred
Dollars ($100.00), but less than Five Hundred D ollars ($500.00), the
notice of the hearing of the petition for the sale of the property,
except laboratory equipment used in the processing, manufacturing or
compounding of controlled dangerous substance s in violation of the
provisions of the Uniform Controlled Dangerous Substances Act, shall
be given to every known owner, as set forth in the petition, by
first-class mail to the last -known address of the owner at least ten
(10) days prior to the date of t he hearing. An affidavit of notice
being sent shall be filed with the court by a rep resentative of the
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agency, the Director or Commissioner of the ag ency, the Attorney
General or district attorney. For items in excess of Five Hundred
Dollars ($500.00), a notice of the hearing of the peti tion for the
sale of said such property shall be delivered to every known owner
as set forth in the petition by certified mail. Notice of a hearing
on a petition for forfeiture or sale of laboratory equipment used in
the processing, manufacturing , or compounding of controlled
dangerous substances in violation o f the Uniform Controlled
Dangerous Substances Act shall not be required.
The notice shall contain a brief description of the property,
and the location and date of t he hearing. In addition, notice of
the hearing shall be posted in three public places in the county,
one such place being the county courthouse at the regular place
assigned for the posting of legal notices. At the hearing, if no
owner appears and establ ishes ownership of the pro perty, the court
may enter an order authorizing the Director, Com missioner, Attorney
General, or district attorney to donate the property pursuant to
subsection J, K or L of this section, to sell the property at a
public auction, including an Internet auction, which may include
online bidding, to the highest bidder, or to convert title of the
property to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
Commission, the Department of Corre ctions, or the Office of the
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Attorney General for the purpo ses provided for in subsection J, K or
L of this section after at least ten (10) days of notice has have
been given by publication in one issue of a legal newspa per of the
county. If the property is offered for sale at public auction,
including an Interne t auction, and no bid is received that exceeds
fifty percent (50%) of the value of the property, such valu e to be
announced prior to the sale, the Director, Commissione r, Attorney
General, or district a ttorney may refuse to sell the item pursuant
to any bid received. The Director, Commissioner, Attorney General,
or district attorney shall make a return of th e sale and, when
confirmed by the court, the order confi rming the sale shall ves t in
the purchaser title to the property so purchased.
D. The money received from the sale of property by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control sha ll be used
for general drug enforcement purposes. These funds shall be
transferred to the Burea u of Narcotics Revolving Fund established
pursuant to Section 2 -107 of this title or in the case of a district
attorney, the revolving fund provided for in par agraph 3 of
subsection L of Section 2 -506 of this title.
E. At the request of t he Department of Public Safety, the
district attorney or a designee of the district attorney may conduct
any forfeiture proce edings as described in Section 2 -503 of this
title on any property subject to forfeiture as described in
subsection A, B or C of Section 2 -503 of this title. The money
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received from the sale of property by the Department of Public
Safety shall be deposited in the Department of Public Safety
Restricted Revolving Fund and shall be expended for law enforcement
purposes.
F. The money received from the sale of property by the
Alcoholic Beverage Laws Enforcement Commission shall be deposited in
the General Revenue Fund of the state.
G. The money received from t he sale of property from the
Oklahoma State Bureau of Investig ation shall be deposited in the
OSBI Revolving Fund and shall be expended for law enforcement
purposes.
H. The Director of the Department of Corrections shall make a
return of the sale and whe n confirmed by the court, the order
confirming the sale shall vest in the purcha ser title to the
property so purchased. Twenty -five percent (25%) of the money
received from the sale shall be disbursed to a revolving fund in the
office of the county treasur er of the county wherein the property
was seized, said such fund to be used as a revolving fund solel y for
enforcement of controlled dangerous substances laws, drug abuse
prevention and drug abuse education. The remaining seventy -five
percent (75%) shall be deposited in the Department of Corrections
Revolving Fund to be expended for equipment for probation and parole
officers and correctional officers.
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I. The money received from the sale of property from the Office
of the Attorney General shall be deposit ed in the Attorney General
General’s Law Enforcement Revolving Fund and shall be expended for
law enforcement purposes. The Office of the Attorney General may
enter into agreements with municipal, county or state agencies to
return to such an agency a pe rcentage of proceeds of the sale of any
property seized by the agency a nd forfeited under the provisions of
this section.
J. Any property, including but not limited to uncontaminated
laboratory equipment used in the pro cessing, manufacturing or
compounding of controlled dangerous substances in violation of the
provisions of the Uni form Controlled Dangerous Substanc es Act, upon
a court order, may be donated for classroom or laboratory use by the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control ,
Department of Public Safety, district attorney, the Alcoholic
Beverage Laws Enforcement Commission, the Department of Corrections,
or the Office of the Attorney General to any public secondary school
or technology center school in this state or any instit ution of
higher education within The Oklahoma State System of Higher
Education.
K. Any vehicle or firearm whic h has come into the possession
and title vested in the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, the Department of Public Safety, the
Oklahoma State Bureau of Investigation, the Office of the A ttorney
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General, or a district attorney, may be transferred, donated or
offered for lease to any sheriff ’s office, tribal law enforcement
agency, campus police department pursuant to the provisions of the
Oklahoma Campus Security Act, or police department in this state on
an annual basis to assist with the enforcement of the provisions of
the Uniform Controlled Da ngerous Substances Act. Each agency shall
promulgate rules, regulations an d procedures for leasing vehicles
and firearms. No fully automatic weap ons will be subject to the
leasing agreement. All firearms leased may be utilized only by
C.L.E.E.T.-certified CLEET-certified officers who have received
training in the type and class of weapon leased. Every lessee shall
be required to submit an annual report to the leasing agency stating
the condition of all leased property. A lease agreement may be
renewed annually at the option of the leasing agency. Upon
termination of a lease agreement, the property shall be returned to
the leasing agency for sale or othe r disposition. All funds derived
from lease agreements or other disposition of property no longer
useful to law enforcement shall be deposited in the agency ’s
revolving fund, or in the case of the Department of Public Safety,
the Department of Public Safety Restricted Revolving Fund, and shall
be expended for law enforcement purposes.
L. Before disposing of any property pursuant to subsections C
through I of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, the Department o f Public Safety, the
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Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
Bureau of Investigation, the Department of Corrections, the Office
of the Attorney General, or a district attorney may transfer or
donate the property to another state agency, tribal law enforcement
agency, or school district for use upon request. In addition to the
provisions of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control may transfer or donate property for any
purpose pursuant to S ection 2-106.2 of this title. The agencies and
any district attorney that are parties to any transfer of property
pursuant to this subsection shall enter int o written agreements to
carry out any such transfer of property. Any such agreement may
also provide for the granting of title to any property bei ng
transferred as the parties deem appropriate. If the transfer of
property is to a school distr ict, a written agreement shall be
entered into with the superintendent of the school district. No
weapons may be transferred to a school district except as provided
for in subsection K of this section.
SECTION 4. This act shall become effective November 1, 2024.
59-2-2808 CN 1/18/2024 8:32:24 AM