34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 1874 By: Weaver and Burns of the |
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37 | 30 | | Senate |
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38 | 31 | | |
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39 | 32 | | and |
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40 | 33 | | |
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41 | 34 | | George of the House |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | |
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46 | 39 | | |
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47 | 40 | | An Act relating to the public health and safety; |
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48 | 41 | | amending 63 O.S. 2021, Sections 2 -505, 2-507, and 2- |
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49 | 42 | | 508, which relate to the Uniform Controlled Dangerous |
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50 | 43 | | Substances Act; authorizing destruction of certain |
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51 | 44 | | substances by certain state entities; updating |
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52 | 45 | | statutory language and references; and providing an |
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53 | 46 | | effective date. |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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60 | 53 | | SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -505, is |
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61 | 54 | | amended to read as follows: |
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62 | 55 | | Section 2-505. A. All controlled substances in Schedule I of |
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63 | 56 | | Section 2-204 of this title and all controlled substances in |
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64 | 57 | | Schedules II, III, IV, and V that are not in properly labeled |
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65 | 58 | | containers in accordance with this act the Uniform Controlled |
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66 | 59 | | Dangerous Substances Act that are possessed, transferred, sold, or |
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67 | 60 | | offered for sale in violation of this act the Uniform Controlled |
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97 | 89 | | B. All hazardous materials and all property contaminated with |
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98 | 90 | | hazardous materials described in paragraph 2 of subsection A of |
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99 | 91 | | Section 2-503 of this title, used or intended to be used by persons |
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100 | 92 | | to unlawfully manufactu re or attempt to manufacture any controlled |
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101 | 93 | | dangerous substance, shall be summarily forfeited to the state and |
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102 | 94 | | submitted to the Oklahoma State Bureau of Investigation (OSBI), |
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103 | 95 | | Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
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104 | 96 | | (OBN), the Oklahoma Highway Patrol (OHP), or the Office of the |
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105 | 97 | | Attorney General for prompt destruction in accordance with state and |
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106 | 98 | | federal laws. |
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107 | 99 | | C. Species of plants from which controlled substances in |
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108 | 100 | | Schedules I or II of the Uniform Controlled Dangerous Substances Act |
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109 | 101 | | may be derived which have been planted or cultivated in violation of |
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110 | 102 | | the Uniform Controlled Dangerous Substances Act, or of which the |
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111 | 103 | | owners or cultivators are unknown , or which are wild growths, may be |
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112 | 104 | | seized by peace officers, summarily forfeited and, in lieu of the |
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113 | 105 | | eradication procedures contained in Section 2 -509 of this title, |
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114 | 106 | | promptly cut and burned where seized or destroyed by applications of |
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115 | 107 | | herbicides approved for such purpose and registered for use in |
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116 | 108 | | Oklahoma by the Oklahoma Department of Agricult ure, Food, and |
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117 | 109 | | Forestry. The Oklahoma State Bureau of Narcotics and Dangerous |
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118 | 110 | | Drugs Control shall ensure that persons spraying the plants are |
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147 | 138 | | protection issues pursuant to the requirements of the Oklahoma |
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148 | 139 | | Department of Agriculture, Food, and Forestry. |
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149 | 140 | | SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -507, is |
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150 | 141 | | amended to read as follows: |
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151 | 142 | | Section 2-507. Any peace officer of this state seizing any of |
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152 | 143 | | the property describe d in paragraphs 1 and 2 of subsection A of |
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153 | 144 | | Section 2-503 of this title shall cause a written inventory to be |
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154 | 145 | | made and maintain custody of the same until all legal act ions have |
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155 | 146 | | been exhausted unless such property has been placed in lawful |
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156 | 147 | | custody of a court or state or federal law enforcement agency or |
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157 | 148 | | unless otherwise provided by law. After all legal actions have been |
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158 | 149 | | exhausted with respect to such property, the property shall be |
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159 | 150 | | surrendered by the court, law enforcement agency or person having |
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160 | 151 | | custody of the same to the Oklahoma State Bureau of Investigation |
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161 | 152 | | (OSBI), Oklahoma State Bureau of Narcotics and Dangerous Drugs |
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162 | 153 | | Control (OBN), the Oklahoma Highway Patrol (OHP) , or the Office of |
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163 | 154 | | the Attorney General to be destroyed as provided in Section 2 -508 of |
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164 | 155 | | this title. The property shall be accompanied with a written |
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165 | 156 | | inventory on forms to be furnished by the Oklahoma State Bureau of |
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166 | 157 | | Investigation. |
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167 | 158 | | SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -508, is |
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168 | 159 | | amended to read as follows: |
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198 | 188 | | this title which is seized or surrendered pursuant to the provisions |
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199 | 189 | | of the Uniform Controlled Dangerous Substances Act shall be |
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200 | 190 | | destroyed. The destruction shall be done by or at the direction of |
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201 | 191 | | the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
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202 | 192 | | (OSBNDD) (OBN), who shall have the discretion prior to destruction |
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203 | 193 | | to preserve samples of the substance for testing. In an y county |
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204 | 194 | | with a population of four hundred thousand (400,000) or more |
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205 | 195 | | according to the latest Federal Decennial Census, there shall be a |
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206 | 196 | | located site, approved by the OSBNDD OBN, for the destruction of the |
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207 | 197 | | property. Any such property submitted to the OSBNDD OBN which it |
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208 | 198 | | deems to be of use for investigative training, educational, or |
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209 | 199 | | analytical purposes may be retained by the OSBNDD OBN in lieu of |
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210 | 200 | | destruction. |
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211 | 201 | | B. 1. With respect to controlled dangerous substances seized |
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212 | 202 | | or surrendered pursuant to the provi sions of the Uniform Controlled |
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213 | 203 | | Dangerous Substances Act, municipal police departments, sheriffs, |
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214 | 204 | | the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
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215 | 205 | | Commission (OBN), the Oklahoma Highway Patrol (OHP), and the |
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216 | 206 | | Oklahoma State Bureau of Inves tigation (OSBI), or the Office of the |
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217 | 207 | | Attorney General shall have the authority to destroy seized |
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218 | 208 | | controlled dangerous substances when the amount seized in a single |
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219 | 209 | | incident exceeds ten (10) pounds. The destroying agency shall: |
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249 | 238 | | b. prepare a report describing the seized substance prior |
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250 | 239 | | to the destruction, |
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251 | 240 | | c. retain at least one (1) pound of the substance |
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252 | 241 | | randomly selected from the seized substance for the |
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253 | 242 | | purpose of evidence, and |
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254 | 243 | | d. obtain and retain samples of the substance from enough |
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255 | 244 | | containers, bales, bricks, or other units of substance |
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256 | 245 | | seized to establish the presence of a weight of the |
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257 | 246 | | substance necessary to establish a violation of the |
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258 | 247 | | Trafficking in Illegal Drugs Act pursuant to |
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259 | 248 | | subsection C of Section 2 -415 of this title, if such a |
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260 | 249 | | weight is present. If such weight is not present, |
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261 | 250 | | samples of the substance from eac h container, bale, |
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262 | 251 | | brick or other unit of substance seized shall be |
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263 | 252 | | taken. Each sample ta ken pursuant to this section |
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264 | 253 | | shall be large enough for the destroying agency and |
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265 | 254 | | the defendant or suspect to have an independent test |
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266 | 255 | | performed on the substance for purposes of |
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267 | 256 | | identification. |
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268 | 257 | | 2. If a defendant or suspect is known to the destroying agency , |
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269 | 258 | | the destroying agency shall give at least seven (7) days ’ written |
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299 | 287 | | a. the date, the time, and the place where the |
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300 | 288 | | photographing will take place and notice of the right |
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301 | 289 | | to attend the photographing, and |
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302 | 290 | | b. the right to obtain samples of the controlled |
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303 | 291 | | dangerous substance for independent testing and use as |
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304 | 292 | | evidence. |
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305 | 293 | | 3. The written notice shall also inform the defendant, suspect |
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306 | 294 | | or counsel for the defendant or suspect that the destro ying agency |
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307 | 295 | | must be notified in writing within seven (7) days from receipt of |
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308 | 296 | | the notice of the intent of the suspect or defendant to obtain |
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309 | 297 | | random samples and make a rrangements for the taking of samples. The |
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310 | 298 | | samples for the defendant or suspect must be t aken by a person |
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311 | 299 | | licensed by the Drug Enforcement Administration. If the defendant |
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312 | 300 | | or counsel for the defendant fails to notify the destroying agency |
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313 | 301 | | in writing of an intent to obtain samples and fails to make |
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314 | 302 | | arrangements for the taking of samples, a sam ple taken pursuant to |
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315 | 303 | | subparagraph d of paragraph 1 of this subsection shall be made |
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316 | 304 | | available upon request of the defendant or suspect. |
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317 | 305 | | The representative samples, t he photographs, the reports, and |
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318 | 306 | | the records made under this section and properly identifi ed shall be |
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319 | 307 | | admissible in any court or administrative proceeding for any |
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349 | 336 | | C. All other property not otherwise provided for in the Uniform |
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350 | 337 | | Controlled Dangerous Substances Act which h as come into the |
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351 | 338 | | possession of the Oklahoma State Bureau of Narcotics and Dangerous |
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352 | 339 | | Drugs Control, the Department of Public Safety, the Oklahoma State |
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353 | 340 | | Bureau of Investigation, the Alcoholic Beverage Laws Enforcement |
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354 | 341 | | Commission, the Department of Correction s, the Office of the |
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355 | 342 | | Attorney General, or a district attorney may be disposed of by order |
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356 | 343 | | of the district court when no longer needed in connection with any |
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357 | 344 | | litigation. If the owner of the property is unknown to the agency |
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358 | 345 | | or district attorney, the agency or district attorney shall hold the |
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359 | 346 | | property for at least six (6) months prior to filing a petition for |
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360 | 347 | | disposal with the district court except for laboratory equipm ent |
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361 | 348 | | which may be forfeited when no longer needed in connection with |
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362 | 349 | | litigation, unless the property is perishable. The Director or |
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363 | 350 | | Commissioner of the agency, the Attorney General, or district |
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364 | 351 | | attorney shall file a petition in the district court of Oklahoma |
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365 | 352 | | County or in the case of a district attorney, the petition shall be |
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366 | 353 | | filed in a county within the jurisdiction of the district attorney |
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367 | 354 | | requesting the authority to: |
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368 | 355 | | 1. Conduct a sale of the property at a public auction or use an |
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369 | 356 | | Internet auction, which may include online bidding; or |
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400 | 386 | | Beverage Laws Enforcement Commission, the Department of Corrections, |
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401 | 387 | | the Office of the Attorney General, or to the dist rict attorney’s |
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402 | 388 | | office for the purposes provided for in subsection J, K or L of this |
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403 | 389 | | section. |
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404 | 390 | | The Director, Commissioner, Attorney General or district |
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405 | 391 | | attorney shall attach to the petition: |
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406 | 392 | | a. a list describing the property, including all |
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407 | 393 | | identifying numbers and marks, if any, |
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408 | 394 | | b. the date the property came into the possession of the |
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409 | 395 | | agency or district attorney, and |
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410 | 396 | | c. the name and address of the owner, if known. |
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411 | 397 | | For any item having an apparent value in excess of One Hundred |
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412 | 398 | | Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the |
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413 | 399 | | notice of the hearing of the petition for the sale of the property, |
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414 | 400 | | except laboratory equipment used in the processing, manufactur ing or |
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415 | 401 | | compounding of controlled dangerous substances in violation of the |
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416 | 402 | | provisions of the Uniform Controlled Dangerous Substances Act, shall |
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417 | 403 | | be given to every known owner, as set forth in the petition, by |
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418 | 404 | | first-class mail to the last -known address of the owner at least ten |
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419 | 405 | | (10) days prior to the date of the hearing. An affidavit of notice |
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420 | 406 | | being sent shall be filed with the court by a representative of the |
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451 | 436 | | sale of said such property shall be delivered to every known owner |
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452 | 437 | | as set forth in the petition by certified mail. Notice of a hearing |
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453 | 438 | | on a petition for forfeiture or sale of laboratory equipment used in |
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454 | 439 | | the processing, manufacturing , or compounding of controlled |
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455 | 440 | | dangerous substances in violation of the Uniform Controlled |
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456 | 441 | | Dangerous Substances Act shall not be required. |
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457 | 442 | | The notice shall contain a brief descrip tion of the property, |
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458 | 443 | | and the location and date of the hearing. In addition, notice of |
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459 | 444 | | the hearing shall be posted in three public places in the county, |
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460 | 445 | | one such place being the county courthouse at the regular place |
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461 | 446 | | assigned for the posting of legal notices. At the hearing, if no |
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462 | 447 | | owner appears and establishes ownership of the property, the c ourt |
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463 | 448 | | may enter an order authorizing the Director, Commissioner, Attorney |
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464 | 449 | | General, or district attorney to donate the property pursuant to |
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465 | 450 | | subsection J, K or L of this section, to sell the property at a |
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466 | 451 | | public auction, including an Internet auction, which m ay include |
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467 | 452 | | online bidding, to the highest bidder, or to convert title of the |
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468 | 453 | | property to the Oklahoma State Bureau of Narcotics and Dangerous |
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469 | 454 | | Drugs Control, the Department of Public Safety, the Oklahoma State |
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470 | 455 | | Bureau of Investigation, the Alcoholic Beverage Laws Enforcement |
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471 | 456 | | Commission, the Department of Corrections, or the Office of the |
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502 | 486 | | county. If the property is offered for sale at public auction, |
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503 | 487 | | including an Internet auction, and no bid is received that exceeds |
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504 | 488 | | fifty percent (50%) of the value of the property, such value to be |
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505 | 489 | | announced prior to the sale, t he Director, Commissioner, Attorney |
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506 | 490 | | General, or district attorney may refuse to sell the item pursuant |
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507 | 491 | | to any bid received. The Director, Commissioner, Attorney Gene ral, |
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508 | 492 | | or district attorney shall make a return of the sale and, when |
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509 | 493 | | confirmed by the court , the order confirming the sale shall vest in |
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510 | 494 | | the purchaser title to the property so purchased. |
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511 | 495 | | D. The money received from the sale of property by the Oklahoma |
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512 | 496 | | State Bureau of Narcotics and Dangerous Drugs Control shall be used |
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513 | 497 | | for general drug enforcemen t purposes. These funds shall be |
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514 | 498 | | transferred to the Bureau of Narcotics Revolving Fund established |
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515 | 499 | | pursuant to Section 2 -107 of this title or in the case of a distri ct |
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516 | 500 | | attorney, the revolving fund provided for in paragraph 3 of |
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517 | 501 | | subsection L of Section 2 -506 of this title. |
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518 | 502 | | E. At the request of the Department of Public Safety, the |
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519 | 503 | | district attorney or a designee of the district attorney may conduct |
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520 | 504 | | any forfeiture proceedings as described in Section 2 -503 of this |
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521 | 505 | | title on any property subject to forfeiture a s described in |
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522 | 506 | | subsection A, B or C of Section 2 -503 of this title. The money |
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552 | 535 | | Restricted Revolving Fund and shall be expended for l aw enforcement |
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553 | 536 | | purposes. |
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554 | 537 | | F. The money received from the sale of property by the |
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555 | 538 | | Alcoholic Beverage Laws Enforcement Commission shall be deposited in |
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556 | 539 | | the General Revenue Fund of the state. |
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557 | 540 | | G. The money received from the sale of property from the |
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558 | 541 | | Oklahoma State Bureau of Investigation shall be deposited in the |
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559 | 542 | | OSBI Revolving Fund and shall be expended for law enforcement |
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560 | 543 | | purposes. |
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561 | 544 | | H. The Director of the Department of Corrections shall make a |
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562 | 545 | | return of the sale and when confirmed by the court, the order |
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563 | 546 | | confirming the sale shall vest in the purchaser title to the |
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564 | 547 | | property so purchased. Twenty -five percent (25%) of the money |
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565 | 548 | | received from the sale shall be disbursed to a revolving fund in the |
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566 | 549 | | office of the county treasurer of the county wherein the property |
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567 | 550 | | was seized, said such fund to be used as a revolving fund solely for |
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568 | 551 | | enforcement of controlled dangerous substances laws, drug abuse |
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569 | 552 | | prevention and drug abuse educati on. The remaining seventy -five |
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570 | 553 | | percent (75%) shall be deposited in the Department of Corr ections |
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571 | 554 | | Revolving Fund to be expended for equipment for probation and parole |
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572 | 555 | | officers and correctional officers. |
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603 | 585 | | law enforcement purposes. The Office of the Attorney General may |
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604 | 586 | | enter into agreements with municipal, county or state agencies to |
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605 | 587 | | return to such an agency a percentage of proceeds of the sale of any |
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606 | 588 | | property seized by the agency and forfeited under the provisions of |
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607 | 589 | | this section. |
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608 | 590 | | J. Any property, including but not limited to uncontaminated |
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609 | 591 | | laboratory equipment used in the processing, manufacturing or |
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610 | 592 | | compounding of controlled dangerous substances in violation of the |
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611 | 593 | | provisions of the Uniform Controlled Dangerous Substances Act, upon |
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612 | 594 | | a court order, may be donated for classroom or laboratory use by the |
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613 | 595 | | Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, |
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614 | 596 | | Department of Public Safety, district attorney, the Alcoholic |
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615 | 597 | | Beverage Laws Enforcement Commission, the Department of Corrections, |
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616 | 598 | | or the Office of the Attorney General to any public secondary school |
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617 | 599 | | or technology center school in this state or any institution of |
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618 | 600 | | higher education within The O klahoma State System of Higher |
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619 | 601 | | Education. |
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620 | 602 | | K. Any vehicle or firearm which has come into the possession |
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621 | 603 | | and title vested in the Oklahoma State Bureau of Narcotics and |
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622 | 604 | | Dangerous Drugs Control, the Department of Public Safety, the |
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623 | 605 | | Oklahoma State Bureau of In vestigation, the Office of the Attorney |
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654 | 635 | | Oklahoma Campus Security Act, or police department in this state on |
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655 | 636 | | an annual basis to assist with the enforcement of the provisions of |
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656 | 637 | | the Uniform Controlled Dangerous Substances Act. Each agency shall |
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657 | 638 | | promulgate rules, regulations and procedures for leasing vehicles |
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658 | 639 | | and firearms. No fully automatic weapons will be subject to the |
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659 | 640 | | leasing agreement. All firearms leased may be utilized only by |
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660 | 641 | | C.L.E.E.T.-certified CLEET-certified officers who have received |
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661 | 642 | | training in the type and class of weapon leased. Every lessee shall |
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662 | 643 | | be required to submit an annual report to the leasing agency stating |
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663 | 644 | | the condition of all leased property. A lease agreement may be |
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664 | 645 | | renewed annually at the option o f the leasing agency. Upon |
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665 | 646 | | termination of a lease agreement, the property shall be return ed to |
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666 | 647 | | the leasing agency for sale or other disposition. All funds derived |
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667 | 648 | | from lease agreements or other disposition of property no longer |
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668 | 649 | | useful to law enforcement shall be deposited in the agency ’s |
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669 | 650 | | revolving fund, or in the case of the Department of Pub lic Safety, |
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670 | 651 | | the Department of Public Safety Restricted Revolving Fund, and shall |
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671 | 652 | | be expended for law enforcement purposes. |
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672 | 653 | | L. Before disposing of any property pursua nt to subsections C |
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673 | 654 | | through I of this section, the Oklahoma State Bureau of Narcotics |
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674 | 655 | | and Dangerous Drugs Control, the Department of Public Safety, the |
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705 | 685 | | donate the property to another state agency, tribal law enforcement |
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706 | 686 | | agency, or school district for use upon request. In addition to the |
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707 | 687 | | provisions of this sectio n, the Oklahoma State Bureau of Narcotics |
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708 | 688 | | and Dangerous Drugs Control may transfer or dona te property for any |
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709 | 689 | | purpose pursuant to Section 2 -106.2 of this title. The agencies and |
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710 | 690 | | any district attorney that are parties to any transfer of property |
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711 | 691 | | pursuant to this subsection shall enter into written agreements to |
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712 | 692 | | carry out any such transfer of pr operty. Any such agreement may |
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713 | 693 | | also provide for the granting of title to any property being |
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714 | 694 | | transferred as the parties deem appropriate. If the transfer of |
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715 | 695 | | property is to a school district, a written agreement shall be |
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716 | 696 | | entered into with the superintenden t of the school district. No |
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717 | 697 | | weapons may be transferred to a school district except as provided |
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718 | 698 | | for in subsection K of this section. |
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719 | 699 | | SECTION 4. This act shall become effective November 1, 2024. |
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720 | 700 | | |
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721 | | - | COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED |
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722 | | - | SUBSTANCES, dated 04/10/2024 - DO PASS. |
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| 726 | + | Passed the Senate the 1 4th day of March, 2024. |
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| 729 | + | |
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| 730 | + | Presiding Officer of the Senate |
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| 732 | + | |
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| 733 | + | Passed the House of Representatives the ____ day of __________, |
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| 734 | + | 2024. |
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| 737 | + | |
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| 738 | + | Presiding Officer of the House |
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| 739 | + | of Representatives |
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