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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 483 By: Hall of the Senate
and
Duel of the House
An Act relating to seized alcohol; amending 22 O.S.
2021, Section 1261, which relates to seized property;
removing certain requirements for seized alcohol;
preventing sheriff from being held liable during
safekeeping of 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 violatin g any
of the prohibitory liquor laws or gambling laws of this state, shall
be seized by any officer or person with or without a search warrant ,
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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 respective 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 wher e seized and an
inventory of the property, articles or in toxicating liquors so t aken
into possession, and within said five (5) days said person is hereby
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 sai d 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 a s
evidence in the trial of any action growing 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.
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SECTION 2. This act shall beco me effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/05/2023 - DO PASS.