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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 483 By: Hall
AS INTRODUCED
An Act relating to seized alcohol; amending 22 O.S.
2021, Section 1261, which relates to seized property;
removing certain requirements for seized alcohol; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1261, is
amended to read as follows:
Section 1261. In all cases where wines, whiskey, beer or other
intoxicating liquors mentioned in the Constitution or laws of this
state or any personal property used for the purpose of violating any
of the prohibitory liquor laws or gamb ling laws of this state, shall
be seized by any off icer or person with or without a search warrant ,
such officer or person is hereby required within five (5) days to
make a written report under oath and file the same with the court
clerk of the proper or r espective county where the same shall be so
seized, which report shall in detail state the name of the officer
or person making the seizure, the place where seized a nd an
inventory of the property, articles or intoxicating liquors so t aken
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into possession, and within said five (5) days said person is hereb y
required to deliver the same to the sheriff o f the county and take
the sheriff’s receipt therefor, in duplicate and such sheriff shall
retain the same and all thereof , until the same shall be destroyed
pursuant to the orders of the court. In computing the time, five
(5) days, Sundays and holidays shall be e xcluded and not counted. A
duplicate copy of said receipt shall immediately be filed with said
court clerk, who shall keep a rec ord of same, provided the sheriff
and his deputies shall be required to make the affidavit and issue
the receipt and otherwise comply with the provisions of this act.
Provided, that all liquors so seized shall be preserved for use as
evidence in the trial of any action growin g out of such seizure and
all officers seizing any such liquors are hereby required to mark
the bottles or containers for identification by writing thereon the
date of the seizure and the name of the person from whom seized.
The sheriff shall be liable on his bond for the safe keeping of all
such property so turned over to him under the provisions of this
act.
SECTION 2. This act shall become effective November 1, 2025.
59-1-1032 JES 1/17/2023 2:33:36 PM