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ENGROSSED SENATE
BILL NO. 1874 By: Weaver and Burns of the
Senate
and
George of the House
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 Controlled 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 sha ll be seized
and summarily forfeited.
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B. All hazardous materials and all property contaminated with
hazardous materials described in paragraph 2 of subsection A of
Section 2-503 of this title, used or intended to be used by persons
to unlawfully manufactu re 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 the Office of the
Attorney General 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 Controlled 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 officers, summarily forfeited and, in lieu of the
eradication procedures contained 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 Agricult ure, Food, and
Forestry. The Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control shall ensure that persons spraying the plants are
trained in the appropri ate use of the herbicide and any safety and
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protection issues pursuant to the requirements of the Oklahoma
Department of Agriculture, 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 seizing any of
the property describe d 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 act ions have
been exhausted unless such property has been placed 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 agency 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 the Office of
the Attorney General 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 surrendered pursuant to the provisions
of the Uniform Controlled 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 an y 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 investigative 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 provi sions 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 Inves tigation (OSBI), or the Office of the
Attorney General shall have the authority to destroy seized
controlled dangerous substances when the amount seized in a single
incident exceeds ten (10) pounds. The destroying agency shall:
a. photograph the seized su bstance with identifying case
numbers or other means of identification,
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b. prepare a report describing the seized 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 Section 2 -415 of this title, if such a
weight is present. If such weight is not present,
samples of the substance from eac h container, bale,
brick or other unit of substance seized shall be
taken. Each sample ta ken pursuant 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 suspect is known to the destroying agency ,
the destroying agency shall give at least seven (7) days ’ written
notice to the defendant, suspect or counsel for the defendant or
suspect of:
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a. the date, the time, and the place where the
photographing will take place 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 destro ying agency
must be notified in writing within seven (7) days from receipt of
the notice of the intent of the suspect or defendant to obtain
random samples and make a rrangements for the taking of samples. The
samples for the defendant or suspect must be t aken by a person
licensed by the Drug Enforcement 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 sam ple taken pursuant to
subparagraph d of paragraph 1 of this subsection shall be made
available upon request of the defendant or suspect.
The representative samples, t he photographs, the reports, and
the records made under this section and properly identifi ed shall be
admissible in any court or administrative proceeding for any
purposes for which the seized substance itself would have been
admissible.
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C. All other property not otherwise provided for in the Uniform
Controlled Dangerous Substances Act which h as 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 Correction s, 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 agency
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 equipm ent
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
2. Convert title of the property to the Oklahoma State Bur eau
of Narcotics and Dangerous Drugs Control, the Department of Public
Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
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Beverage Laws Enforcement Commission, the Department of Corrections,
the Office of the Attorney General, or to the dist rict attorney’s
office for the purposes provided 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 property, 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 Hundred
Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
notice of the hearing of the petition for the sale of the property,
except laboratory equipment used in the processing, manufactur ing or
compounding of controlled dangerous substances 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 the hearing. An affidavit of notice
being sent shall be filed with the court by a representative of the
agency, the Director or Commissioner of the agency, the Attorney
General or district attorney. For items in excess of Five Hundred
Dollars ($500.00), a notice of the hearing of the petition for the
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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 of the Uniform Controlled
Dangerous Substances Act shall not be required.
The notice shall contain a brief descrip tion of the property,
and the location and date of the 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 establishes ownership of the property, the c ourt
may enter an order authorizing the Director, Commissioner, 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 m ay 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 Corrections, or the Office of the
Attorney General for the purposes 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 newspaper of the
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county. If the property is offered for sale at public auction,
including an Internet auction, and no bid is received that exceeds
fifty percent (50%) of the value of the property, such value to be
announced prior to the sale, t he Director, Commissioner, Attorney
General, or district attorney may refuse to sell the item pursuant
to any bid received. The Director, Commissioner, Attorney Gene ral,
or district attorney shall make a return of the sale and, when
confirmed by the court , the order confirming the sale shall vest 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 shall be used
for general drug enforcemen t purposes. These funds shall be
transferred to the Bureau of Narcotics Revolving Fund established
pursuant to Section 2 -107 of this title or in the case of a distri ct
attorney, the revolving fund provided for in paragraph 3 of
subsection L of Section 2 -506 of this title.
E. At the request of the Department of Public Safety, the
district attorney or a designee of the district attorney may conduct
any forfeiture proceedings as described in Section 2 -503 of this
title on any property subject to forfeiture a s described in
subsection A, B or C of Section 2 -503 of this title. The money
received from the sale of property by the Department of Public
Safety shall be deposite d in the Department of Public Safety
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Restricted Revolving Fund and shall be expended for l aw 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 the sale of property from the
Oklahoma State Bureau of Investigation 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 when confirmed by the court, the order
confirming the sale shall vest in the purchaser 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 treasurer of the county wherein the property
was seized, said such fund to be used as a revolving fund solely for
enforcement of controlled dangerous substances laws, drug abuse
prevention and drug abuse educati on. The remaining seventy -five
percent (75%) shall be deposited in the Department of Corr ections
Revolving Fund to be expended for equipment for probation and parole
officers and correctional officers.
I. The money received from the sale of property from the Office
of the Attorney General shall be deposited in the Attorney General
General’s Law Enforcement Revolving Fund and shall be expended for
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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 percentage of proceeds of the sale of any
property seized by the agency and forfeited under the provisions of
this section.
J. Any property, including but not limited to uncontaminated
laboratory equipment used in the processing, manufacturing or
compounding of controlled dangerous substances in violation of the
provisions of the Uniform Controlled Dangerous Substances 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 institution of
higher education within The O klahoma State System of Higher
Education.
K. Any vehicle or firearm which 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 In vestigation, the Office of the Attorney
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
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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 Dangerous Substances Act. Each agency shall
promulgate rules, regulations and procedures for leasing vehicles
and firearms. No fully automatic weapons 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 o f the leasing agency. Upon
termination of a lease agreement, the property shall be return ed to
the leasing agency for sale or other 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 Pub lic Safety,
the Department of Public Safety Restricted Revolving Fund, and shall
be expended for law enforcement purposes.
L. Before disposing of any property pursua nt to subsections C
through I of this section, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, the Department of Public Safety, the
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
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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 sectio n, the Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control may transfer or dona te property for any
purpose pursuant to Section 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 into written agreements to
carry out any such transfer of pr operty. Any such agreement may
also provide for the granting of title to any property being
transferred as the parties deem appropriate. If the transfer of
property is to a school district, a written agreement shall be
entered into with the superintenden t 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.
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Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives