Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1874 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31-STATE OF OKLAHOMA
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33-2nd Session of the 59th Legislature (2024)
3427
3528 ENGROSSED SENATE
3629 BILL NO. 1874 By: Weaver and Burns of the
3730 Senate
3831
3932 and
4033
4134 George of the House
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4336
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4740 An Act relating to the public health and safety;
4841 amending 63 O.S. 2021, Sections 2 -505, 2-507, and 2-
4942 508, which relate to the Uniform Controlled Dangerous
5043 Substances Act; authorizing destruction of certain
5144 substances by certain state entities; updating
5245 statutory language and references; and providing an
5346 effective date.
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5952 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6053 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -505, is
6154 amended to read as follows:
6255 Section 2-505. A. All controlled substances in Schedule I of
6356 Section 2-204 of this title and all controlled substances in
6457 Schedules II, III, IV, and V that are not in properly labeled
6558 containers in accordance with this act the Uniform Controlled
6659 Dangerous Substances Act that are possessed, transferred, sold, or
6760 offered for sale in violation of this act the Uniform Controlled
61+Dangerous Substances Act are deemed contraband and sha ll be seized
62+and summarily forfeited.
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95-Dangerous Substances Act are deemed contraband and sha ll be seized
96-and summarily forfeited.
9789 B. All hazardous materials and all property contaminated with
9890 hazardous materials described in paragraph 2 of subsection A of
9991 Section 2-503 of this title, used or intended to be used by persons
10092 to unlawfully manufactu re or attempt to manufacture any controlled
10193 dangerous substance, shall be summarily forfeited to the state and
10294 submitted to the Oklahoma State Bureau of Investigation (OSBI),
10395 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
10496 (OBN), the Oklahoma Highway Patrol (OHP), or the Office of the
10597 Attorney General for prompt destruction in accordance with state and
10698 federal laws.
10799 C. Species of plants from which controlled substances in
108100 Schedules I or II of the Uniform Controlled Dangerous Substances Act
109101 may be derived which have been planted or cultivated in violation of
110102 the Uniform Controlled Dangerous Substances Act, or of which the
111103 owners or cultivators are unknown , or which are wild growths, may be
112104 seized by peace officers, summarily forfeited and, in lieu of the
113105 eradication procedures contained in Section 2 -509 of this title,
114106 promptly cut and burned where seized or destroyed by applications of
115107 herbicides approved for such purpose and registered for use in
116108 Oklahoma by the Oklahoma Department of Agricult ure, Food, and
117109 Forestry. The Oklahoma State Bureau of Narcotics and Dangerous
118110 Drugs Control shall ensure that persons spraying the plants are
111+trained in the appropri ate use of the herbicide and any safety and
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146-trained in the appropriate use of the herbicide and any safety and
147138 protection issues pursuant to the requirements of the Oklahoma
148139 Department of Agriculture, Food, and Forestry.
149140 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -507, is
150141 amended to read as follows:
151142 Section 2-507. Any peace officer of this state seizing any of
152143 the property describe d in paragraphs 1 and 2 of subsection A of
153144 Section 2-503 of this title shall cause a written inventory to be
154145 made and maintain custody of the same until all legal act ions have
155146 been exhausted unless such property has been placed in lawful
156147 custody of a court or state or federal law enforcement agency or
157148 unless otherwise provided by law. After all legal actions have been
158149 exhausted with respect to such property, the property shall be
159150 surrendered by the court, law enforcement agency or person having
160151 custody of the same to the Oklahoma State Bureau of Investigation
161152 (OSBI), Oklahoma State Bureau of Narcotics and Dangerous Drugs
162153 Control (OBN), the Oklahoma Highway Patrol (OHP) , or the Office of
163154 the Attorney General to be destroyed as provided in Section 2 -508 of
164155 this title. The property shall be accompanied with a written
165156 inventory on forms to be furnished by the Oklahoma State Bureau of
166157 Investigation.
167158 SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -508, is
168159 amended to read as follows:
160+Section 2-508. A. Except as otherwise provided, all property
161+described in paragraphs 1 and 2 of subsection A of Section 2 -503 of
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196-Section 2-508. A. Except as otherwise provided, all property
197-described in paragraphs 1 and 2 of subsection A of Section 2 -503 of
198188 this title which is seized or surrendered pursuant to the provisions
199189 of the Uniform Controlled Dangerous Substances Act shall be
200190 destroyed. The destruction shall be done by or at the direction of
201191 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
202192 (OSBNDD) (OBN), who shall have the discretion prior to destruction
203193 to preserve samples of the substance for testing. In an y county
204194 with a population of four hundred thousand (400,000) or more
205195 according to the latest Federal Decennial Census, there shall be a
206196 located site, approved by the OSBNDD OBN, for the destruction of the
207197 property. Any such property submitted to the OSBNDD OBN which it
208198 deems to be of use for investigative training, educational, or
209199 analytical purposes may be retained by the OSBNDD OBN in lieu of
210200 destruction.
211201 B. 1. With respect to controlled dangerous substances seized
212202 or surrendered pursuant to the provi sions of the Uniform Controlled
213203 Dangerous Substances Act, municipal police departments, sheriffs,
214204 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
215205 Commission (OBN), the Oklahoma Highway Patrol (OHP), and the
216206 Oklahoma State Bureau of Inves tigation (OSBI), or the Office of the
217207 Attorney General shall have the authority to destroy seized
218208 controlled dangerous substances when the amount seized in a single
219209 incident exceeds ten (10) pounds. The destroying agency shall:
210+a. photograph the seized su bstance with identifying case
211+numbers or other means of identification,
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247-a. photograph the seized su bstance with identifying case
248-numbers or other means of identification,
249238 b. prepare a report describing the seized substance prior
250239 to the destruction,
251240 c. retain at least one (1) pound of the substance
252241 randomly selected from the seized substance for the
253242 purpose of evidence, and
254243 d. obtain and retain samples of the substance from enough
255244 containers, bales, bricks, or other units of substance
256245 seized to establish the presence of a weight of the
257246 substance necessary to establish a violation of the
258247 Trafficking in Illegal Drugs Act pursuant to
259248 subsection C of Section 2 -415 of this title, if such a
260249 weight is present. If such weight is not present,
261250 samples of the substance from eac h container, bale,
262251 brick or other unit of substance seized shall be
263252 taken. Each sample ta ken pursuant to this section
264253 shall be large enough for the destroying agency and
265254 the defendant or suspect to have an independent test
266255 performed on the substance for purposes of
267256 identification.
268257 2. If a defendant or suspect is known to the destroying agency ,
269258 the destroying agency shall give at least seven (7) days ’ written
259+notice to the defendant, suspect or counsel for the defendant or
260+suspect of:
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297-notice to the defendant, suspect or counsel for the defendant or
298-suspect of:
299287 a. the date, the time, and the place where the
300288 photographing will take place and notice of the right
301289 to attend the photographing, and
302290 b. the right to obtain samples of the controlled
303291 dangerous substance for independent testing and use as
304292 evidence.
305293 3. The written notice shall also inform the defendant, suspect
306294 or counsel for the defendant or suspect that the destro ying agency
307295 must be notified in writing within seven (7) days from receipt of
308296 the notice of the intent of the suspect or defendant to obtain
309297 random samples and make a rrangements for the taking of samples. The
310298 samples for the defendant or suspect must be t aken by a person
311299 licensed by the Drug Enforcement Administration. If the defendant
312300 or counsel for the defendant fails to notify the destroying agency
313301 in writing of an intent to obtain samples and fails to make
314302 arrangements for the taking of samples, a sam ple taken pursuant to
315303 subparagraph d of paragraph 1 of this subsection shall be made
316304 available upon request of the defendant or suspect.
317305 The representative samples, t he photographs, the reports, and
318306 the records made under this section and properly identifi ed shall be
319307 admissible in any court or administrative proceeding for any
308+purposes for which the seized substance itself would have been
309+admissible.
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347-purposes for which the seized substance itself would have been
348-admissible.
349336 C. All other property not otherwise provided for in the Uniform
350337 Controlled Dangerous Substances Act which h as come into the
351338 possession of the Oklahoma State Bureau of Narcotics and Dangerous
352339 Drugs Control, the Department of Public Safety, the Oklahoma State
353340 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
354341 Commission, the Department of Correction s, the Office of the
355342 Attorney General, or a district attorney may be disposed of by order
356343 of the district court when no longer needed in connection with any
357344 litigation. If the owner of the property is unknown to the agency
358345 or district attorney, the agency or district attorney shall hold the
359346 property for at least six (6) months prior to filing a petition for
360347 disposal with the district court except for laboratory equipm ent
361348 which may be forfeited when no longer needed in connection with
362349 litigation, unless the property is perishable. The Director or
363350 Commissioner of the agency, the Attorney General, or district
364351 attorney shall file a petition in the district court of Oklahoma
365352 County or in the case of a district attorney, the petition shall be
366353 filed in a county within the jurisdiction of the district attorney
367354 requesting the authority to:
368355 1. Conduct a sale of the property at a public auction or use an
369356 Internet auction, which may include online bidding; or
357+2. Convert title of the property to the Oklahoma State Bur eau
358+of Narcotics and Dangerous Drugs Control, the Department of Public
359+Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
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397-2. Convert title of the property to the Oklahoma State Bur eau
398-of Narcotics and Dangerous Drugs Control, the Department of Public
399-Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
400386 Beverage Laws Enforcement Commission, the Department of Corrections,
401387 the Office of the Attorney General, or to the dist rict attorney’s
402388 office for the purposes provided for in subsection J, K or L of this
403389 section.
404390 The Director, Commissioner, Attorney General or district
405391 attorney shall attach to the petition:
406392 a. a list describing the property, including all
407393 identifying numbers and marks, if any,
408394 b. the date the property came into the possession of the
409395 agency or district attorney, and
410396 c. the name and address of the owner, if known.
411397 For any item having an apparent value in excess of One Hundred
412398 Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
413399 notice of the hearing of the petition for the sale of the property,
414400 except laboratory equipment used in the processing, manufactur ing or
415401 compounding of controlled dangerous substances in violation of the
416402 provisions of the Uniform Controlled Dangerous Substances Act, shall
417403 be given to every known owner, as set forth in the petition, by
418404 first-class mail to the last -known address of the owner at least ten
419405 (10) days prior to the date of the hearing. An affidavit of notice
420406 being sent shall be filed with the court by a representative of the
407+agency, the Director or Commissioner of the agency, the Attorney
408+General or district attorney. For items in excess of Five Hundred
409+Dollars ($500.00), a notice of the hearing of the petition for the
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448-agency, the Director or Commissioner of the agency, the Attorney
449-General or district attorney. For items in excess of Five Hundred
450-Dollars ($500.00), a notice of the hearing of the petition for the
451436 sale of said such property shall be delivered to every known owner
452437 as set forth in the petition by certified mail. Notice of a hearing
453438 on a petition for forfeiture or sale of laboratory equipment used in
454439 the processing, manufacturing , or compounding of controlled
455440 dangerous substances in violation of the Uniform Controlled
456441 Dangerous Substances Act shall not be required.
457442 The notice shall contain a brief descrip tion of the property,
458443 and the location and date of the hearing. In addition, notice of
459444 the hearing shall be posted in three public places in the county,
460445 one such place being the county courthouse at the regular place
461446 assigned for the posting of legal notices. At the hearing, if no
462447 owner appears and establishes ownership of the property, the c ourt
463448 may enter an order authorizing the Director, Commissioner, Attorney
464449 General, or district attorney to donate the property pursuant to
465450 subsection J, K or L of this section, to sell the property at a
466451 public auction, including an Internet auction, which m ay include
467452 online bidding, to the highest bidder, or to convert title of the
468453 property to the Oklahoma State Bureau of Narcotics and Dangerous
469454 Drugs Control, the Department of Public Safety, the Oklahoma State
470455 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
471456 Commission, the Department of Corrections, or the Office of the
457+Attorney General for the purposes provided for in subsection J, K or
458+L of this section after at least ten (10) days of notice has have
459+been given by publication in one issue of a legal newspaper of the
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499-Attorney General for the purposes provided for in subsection J, K or
500-L of this section after at least ten (10) days of notice has have
501-been given by publication in one issue of a legal newspaper of the
502486 county. If the property is offered for sale at public auction,
503487 including an Internet auction, and no bid is received that exceeds
504488 fifty percent (50%) of the value of the property, such value to be
505489 announced prior to the sale, t he Director, Commissioner, Attorney
506490 General, or district attorney may refuse to sell the item pursuant
507491 to any bid received. The Director, Commissioner, Attorney Gene ral,
508492 or district attorney shall make a return of the sale and, when
509493 confirmed by the court , the order confirming the sale shall vest in
510494 the purchaser title to the property so purchased.
511495 D. The money received from the sale of property by the Oklahoma
512496 State Bureau of Narcotics and Dangerous Drugs Control shall be used
513497 for general drug enforcemen t purposes. These funds shall be
514498 transferred to the Bureau of Narcotics Revolving Fund established
515499 pursuant to Section 2 -107 of this title or in the case of a distri ct
516500 attorney, the revolving fund provided for in paragraph 3 of
517501 subsection L of Section 2 -506 of this title.
518502 E. At the request of the Department of Public Safety, the
519503 district attorney or a designee of the district attorney may conduct
520504 any forfeiture proceedings as described in Section 2 -503 of this
521505 title on any property subject to forfeiture a s described in
522506 subsection A, B or C of Section 2 -503 of this title. The money
507+received from the sale of property by the Department of Public
508+Safety shall be deposite d in the Department of Public Safety
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550-received from the sale of property by the Department of Public
551-Safety shall be deposited in the Department of Public Safety
552535 Restricted Revolving Fund and shall be expended for l aw enforcement
553536 purposes.
554537 F. The money received from the sale of property by the
555538 Alcoholic Beverage Laws Enforcement Commission shall be deposited in
556539 the General Revenue Fund of the state.
557540 G. The money received from the sale of property from the
558541 Oklahoma State Bureau of Investigation shall be deposited in the
559542 OSBI Revolving Fund and shall be expended for law enforcement
560543 purposes.
561544 H. The Director of the Department of Corrections shall make a
562545 return of the sale and when confirmed by the court, the order
563546 confirming the sale shall vest in the purchaser title to the
564547 property so purchased. Twenty -five percent (25%) of the money
565548 received from the sale shall be disbursed to a revolving fund in the
566549 office of the county treasurer of the county wherein the property
567550 was seized, said such fund to be used as a revolving fund solely for
568551 enforcement of controlled dangerous substances laws, drug abuse
569552 prevention and drug abuse educati on. The remaining seventy -five
570553 percent (75%) shall be deposited in the Department of Corr ections
571554 Revolving Fund to be expended for equipment for probation and parole
572555 officers and correctional officers.
556+I. The money received from the sale of property from the Office
557+of the Attorney General shall be deposited in the Attorney General
558+General’s Law Enforcement Revolving Fund and shall be expended for
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600-I. The money received from the sale o f property from the Office
601-of the Attorney General shall be deposited in the Attorney General
602-General’s Law Enforcement Revolving Fund and shall be expended for
603585 law enforcement purposes. The Office of the Attorney General may
604586 enter into agreements with municipal, county or state agencies to
605587 return to such an agency a percentage of proceeds of the sale of any
606588 property seized by the agency and forfeited under the provisions of
607589 this section.
608590 J. Any property, including but not limited to uncontaminated
609591 laboratory equipment used in the processing, manufacturing or
610592 compounding of controlled dangerous substances in violation of the
611593 provisions of the Uniform Controlled Dangerous Substances Act, upon
612594 a court order, may be donated for classroom or laboratory use by the
613595 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
614596 Department of Public Safety, district attorney, the Alcoholic
615597 Beverage Laws Enforcement Commission, the Department of Corrections,
616598 or the Office of the Attorney General to any public secondary school
617599 or technology center school in this state or any institution of
618600 higher education within The O klahoma State System of Higher
619601 Education.
620602 K. Any vehicle or firearm which has come into the possession
621603 and title vested in the Oklahoma State Bureau of Narcotics and
622604 Dangerous Drugs Control, the Department of Public Safety, the
623605 Oklahoma State Bureau of In vestigation, the Office of the Attorney
606+General, or a district attorney, may be transferred, donated or
607+offered for lease to any sheriff ’s office, tribal law enforcement
608+agency, campus police department pursuant to the provisions of the
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651-General, or a district attorney, may be transferred, donated or
652-offered for lease to any sheriff ’s office, tribal law enforcement
653-agency, campus police department pursuant to the provisions of the
654635 Oklahoma Campus Security Act, or police department in this state on
655636 an annual basis to assist with the enforcement of the provisions of
656637 the Uniform Controlled Dangerous Substances Act. Each agency shall
657638 promulgate rules, regulations and procedures for leasing vehicles
658639 and firearms. No fully automatic weapons will be subject to the
659640 leasing agreement. All firearms leased may be utilized only by
660641 C.L.E.E.T.-certified CLEET-certified officers who have received
661642 training in the type and class of weapon leased. Every lessee shall
662643 be required to submit an annual report to the leasing agency stating
663644 the condition of all leased property. A lease agreement may be
664645 renewed annually at the option o f the leasing agency. Upon
665646 termination of a lease agreement, the property shall be return ed to
666647 the leasing agency for sale or other disposition. All funds derived
667648 from lease agreements or other disposition of property no longer
668649 useful to law enforcement shall be deposited in the agency ’s
669650 revolving fund, or in the case of the Department of Pub lic Safety,
670651 the Department of Public Safety Restricted Revolving Fund, and shall
671652 be expended for law enforcement purposes.
672653 L. Before disposing of any property pursua nt to subsections C
673654 through I of this section, the Oklahoma State Bureau of Narcotics
674655 and Dangerous Drugs Control, the Department of Public Safety, the
656+Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
657+Bureau of Investigation, the Department of Corrections, the Office
658+of the Attorney General, or a district attorney may transfer or
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702-Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
703-Bureau of Investigatio n, the Department of Corrections, the Office
704-of the Attorney General, or a district attorney may transfer or
705685 donate the property to another state agency, tribal law enforcement
706686 agency, or school district for use upon request. In addition to the
707687 provisions of this sectio n, the Oklahoma State Bureau of Narcotics
708688 and Dangerous Drugs Control may transfer or dona te property for any
709689 purpose pursuant to Section 2 -106.2 of this title. The agencies and
710690 any district attorney that are parties to any transfer of property
711691 pursuant to this subsection shall enter into written agreements to
712692 carry out any such transfer of pr operty. Any such agreement may
713693 also provide for the granting of title to any property being
714694 transferred as the parties deem appropriate. If the transfer of
715695 property is to a school district, a written agreement shall be
716696 entered into with the superintenden t of the school district. No
717697 weapons may be transferred to a school district except as provided
718698 for in subsection K of this section.
719699 SECTION 4. This act shall become effective November 1, 2024.
720700
721-COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
722-SUBSTANCES, dated 04/10/2024 - DO PASS.
701+ENGR. S. B. NO. 1874 Page 15 1
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726+Passed the Senate the 1 4th day of March, 2024.
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733+Passed the House of Representatives the ____ day of __________,
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