Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB483 Enrolled / Bill

Filed 04/19/2023

                     
 
 
An Act 
ENROLLED 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. 
 
 
 
 
SUBJECT:  Alcohol seizures 
 
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY    22 O.S. 2021, Section 1 261, 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 , 
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 where seized a nd 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   
 
ENR. S. B. NO. 483 	Page 2 
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 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. 
 
SECTION 2.  This act shall become effective No vember 1, 2025. 
   
 
ENR. S. B. NO. 483 	Page 3 
Passed the Senate the 23rd day of March, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 18th day of April, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	______________________ ___________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __