41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to firearms; amending 22 O.S. 2021, |
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46 | 39 | | Section 1325, which relates to unclaimed property in |
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47 | 40 | | possession of the sheriff; prohibiting the |
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48 | 41 | | destruction of historic military weapons; directing |
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49 | 42 | | agencies to donate weapons to certain veterans ' |
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50 | 43 | | organizations; amending 63 O.S. 2021, Section 2 -508, |
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51 | 44 | | which relates to the disposition of seized property; |
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52 | 45 | | prohibiting the destruction of historic military |
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53 | 46 | | firearms; directing agencies to donate weapons to |
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54 | 47 | | certain veterans' organizations; and providing an |
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55 | 48 | | effective date. |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | |
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60 | 53 | | |
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61 | 54 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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62 | 55 | | SECTION 1. AMENDATORY 22 O.S. 2021, Section 1325, is |
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63 | 56 | | amended to read as follows: |
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64 | 57 | | Section 1325. A. Any sheriff 's office or campus police agency |
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65 | 58 | | as authorized under the Oklahoma Campus Security Act is authorized |
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66 | 59 | | to dispose of by public sale, destruction, donation, or transfer for |
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67 | 60 | | use to a governmental subdivision person al property which has come |
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68 | 61 | | into its possession, or deposit in a special fund, as hereafter |
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99 | 91 | | or money being unknown or not having claimed the same, and which the |
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100 | 92 | | sheriff or campus police agency has held for at least six (6) |
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101 | 93 | | months, and such property or money, or any part thereof, being no |
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102 | 94 | | longer needed to be hel d as evidence or otherwise used in connection |
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103 | 95 | | with any litigation. |
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104 | 96 | | B. Where personal property held under the circumstances |
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105 | 97 | | provided in subsection A of this section is determined by the agency |
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106 | 98 | | having custody to be unsuitable for disposition by public sale due |
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107 | 99 | | to its condition or assessed by agency personnel as having limited |
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108 | 100 | | or no resale value, it may be destroyed, discarded as solid waste or |
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109 | 101 | | donated to a charitable organization designated by the U.S. Internal |
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110 | 102 | | Revenue Service as a 501(c)(3) nonprofit organi zation. If it is |
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111 | 103 | | determined by the agency that the personal property is a weapon that |
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112 | 104 | | has historic military value, the agency shall be prohibited from |
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113 | 105 | | destroying the weapon and shall donate said weapon to a local unit |
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114 | 106 | | of a veterans' organization incorpora ted by enactment of the |
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115 | 107 | | Congress of the United States . Where disposition by destruction, |
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116 | 108 | | discard, or donation is made of personal property, a report |
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117 | 109 | | describing the property by category and quantity, and indicating |
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118 | 110 | | what disposition was made for each item o r lot, shall be submitted |
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150 | 141 | | in the district court of its county requesting the authority of the |
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151 | 142 | | court to dispose of such personal property, and shall attach to the |
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152 | 143 | | application a list describing the property, including all |
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153 | 144 | | identifying numbers and marks, if any, the date the property came |
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154 | 145 | | into the possession of the sheriff 's office or campus police agency |
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155 | 146 | | and the name and address of the owner, if know n. The court shall |
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156 | 147 | | set the application for hearing not less than ten (10) days nor more |
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157 | 148 | | than twenty (20) days after filing. |
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158 | 149 | | D. Written notice shall b e given by the sheriff 's office or |
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159 | 150 | | campus police agency of the hearing to each and every owner known |
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160 | 151 | | and as set forth in the application by first -class mail, postage |
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161 | 152 | | prepaid, and directed to the last -known address of the owner at |
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162 | 153 | | least ten (10) days prior to the date of the hearing. The notice |
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163 | 154 | | shall contain a brief description of the property of the owner an d |
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164 | 155 | | the place and date of the hearing. In addition, notice of the |
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165 | 156 | | hearing shall be posted in three public places in the county, one |
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166 | 157 | | being the county cou rthouse at the regular place assigned for the |
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167 | 158 | | posting of legal notices or shall be published in a newspaper |
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168 | 159 | | authorized by law to publish legal notices in the county in which |
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169 | 160 | | the property is located. If no newspaper authorized by law to |
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200 | 190 | | of the owner being notified by publication and shall be published at |
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201 | 191 | | least ten (10) days prior to the date of the hearing. |
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202 | 192 | | E. At the hearing, if no owner appears and establishes |
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203 | 193 | | ownership to the property, the court shall enter an order |
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204 | 194 | | authorizing the sheriff 's office or campus police agency to donate |
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205 | 195 | | property having a value of less than Five Hundred Dollars ($500.00) |
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206 | 196 | | to a not-for-profit corporation as defined in Title 18 of the |
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207 | 197 | | Oklahoma Statutes or to sell the personal property to the highest |
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208 | 198 | | bidder for cash, after at least five (5) days of notice has been |
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209 | 199 | | given by publication in one issue of a legal newspaper of the |
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210 | 200 | | county. The sheriff 's office or campus police agency shall make a |
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211 | 201 | | return of the donation or sale and, when confirmed by the court, the |
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212 | 202 | | order confirming the donation or sale shall vest in the recipient or |
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213 | 203 | | purchaser title to the property so donated or purchased. |
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214 | 204 | | F. A sheriff's office having in its possession money or legal |
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215 | 205 | | tender under the circumstances provided in subsection A of this |
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216 | 206 | | section, prior to appropriating the same for deposit into a special |
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217 | 207 | | fund, shall file an application in the district court of its county |
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218 | 208 | | requesting the court to enter an order authorizing it to so |
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219 | 209 | | appropriate the money for deposit in the special fund. The |
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220 | 210 | | application shall describe the money or legal tender, together with |
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251 | 240 | | may be joined with an application as described in subsection C of |
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252 | 241 | | this section, shall be set for hearing not less than ten (10) days |
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253 | 242 | | nor more than twenty (20) days from the filing thereof, and notice |
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254 | 243 | | of the hearing shall be given as provided in subsection D of this |
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255 | 244 | | section. The notice shall state that, upon no one appearing to |
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256 | 245 | | prove ownership to the money or legal tender, the same will be |
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257 | 246 | | ordered by the court to be deposited in th e special fund by the |
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258 | 247 | | sheriff's office or campus police agency. The notice may be |
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259 | 248 | | combined with a notice to sell personal property as set forth in |
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260 | 249 | | subsection D of this section. At the hearing, if no one appears to |
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261 | 250 | | claim and prove ownership to the money or legal tender, the court |
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262 | 251 | | shall order the same to be deposited by the sheriff 's office or |
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263 | 252 | | campus police agency in the special fund, as provided in subs ection |
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264 | 253 | | H of this section. |
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265 | 254 | | G. Where a sheriff's office or campus police agency has in its |
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266 | 255 | | possession under the circumstances provided in subsection A of this |
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267 | 256 | | section, personal property deemed to have potential utility to that |
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268 | 257 | | sheriff's office, campus polic e agency or another governmental |
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269 | 258 | | subdivision, prior to appropriating the personal property for use, |
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270 | 259 | | the sheriff's office or campus police agency shall file an |
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271 | 260 | | application in the district court requesting the court to enter an |
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302 | 290 | | possession of the sheriff 's office or campus police agency and the |
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303 | 291 | | name and address of the ow ner, if known. Upon filing, the |
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304 | 292 | | application, which may be joined with an application as described in |
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305 | 293 | | subsection C of this section, shall be set for hearing not less than |
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306 | 294 | | ten (10) days nor more than twenty (20) days from the filing |
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307 | 295 | | thereof. Notice of the hearing shall be given as provided in |
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308 | 296 | | subsection D of this section. The notice shall state that, upon no |
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309 | 297 | | one appearing to prove ownership to the personal property, the |
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310 | 298 | | property will be ordered by the court to be delivered for use by the |
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311 | 299 | | sheriff's office or campus police agency or its authorizing |
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312 | 300 | | institution or transferred to another governmental subdivision for |
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313 | 301 | | its use. The notice may be combined with a notice to sell personal |
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314 | 302 | | property as set forth in subsection D of this section. At the |
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315 | 303 | | hearing, if no one appears to claim and prove ownership to the |
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316 | 304 | | personal property, the court shall order the property to b e |
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317 | 305 | | available for use by the sheriff 's office or campus police agency or |
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318 | 306 | | delivered to an appropriate person for use by the authorizing |
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319 | 307 | | institution or another governmental subdivision. |
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320 | 308 | | H. The money received from the sale of personal property as |
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321 | 309 | | above provided, after payment of the court costs and other expenses, |
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322 | 310 | | if any, together with all money in possession of the sheriff 's |
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353 | 340 | | special fund with the county treasurer or campus police agency to be |
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354 | 341 | | expended upon the approval of the sheriff or head of the campus |
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355 | 342 | | police agency for the purchase of equipment, materials or supplies |
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356 | 343 | | that may be used in crime prevention, education, training or |
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357 | 344 | | programming. The fund or any portion of it may be expended in |
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358 | 345 | | paying the expenses of the sheriff or any duly authorized deputy or |
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359 | 346 | | employee of the campus police agency to attend law enf orcement or |
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360 | 347 | | public safety training courses which are conducted by the Oklahoma |
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361 | 348 | | Council on Law Enforcement Education and Training (CLEET) or other |
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362 | 349 | | certified trainers, providers, or agencies. |
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363 | 350 | | I. The disposition of biological evidence, as defined by |
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364 | 351 | | Section 1372 of this title, shall be governed by the provisions set |
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365 | 352 | | forth in Section 1372 of this title. |
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366 | 353 | | SECTION 2. AMENDATORY 63 O.S . 2021, Section 2-508, is |
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367 | 354 | | amended to read as follows: |
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368 | 355 | | Section 2-508. A. Except as otherwise provided, a ll property |
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369 | 356 | | described in paragraphs 1 and 2 of subsection A of Section 2 -503 of |
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370 | 357 | | this title which is seized or surrendered pursuant to the provisions |
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371 | 358 | | of the Uniform Controlled Dangerous Substances Act shall be |
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372 | 359 | | destroyed. The destruction shall be done by or at the direction of |
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373 | 360 | | the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control |
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404 | 390 | | the latest Federal Decennial Census, there shall be a located site, |
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405 | 391 | | approved by the OSBNDD, for the destruction of the property. Any |
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406 | 392 | | such property submitted to the OSBNDD which it deems to be of use |
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407 | 393 | | for investigative training, educational, or analytical purposes may |
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408 | 394 | | be retained by the OSBNDD in lieu of destruction. |
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409 | 395 | | B. 1. With respect to controlled dangerous substances s eized |
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410 | 396 | | or surrendered pursuant to the provisions of the Uniform Controlled |
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411 | 397 | | Dangerous Substances Act, munic ipal police departments, sheriffs, |
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412 | 398 | | the Oklahoma Bureau of Narcotics and Dangerous Drugs Control |
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413 | 399 | | Commission, the Oklahoma Highway Patrol, and the Oklaho ma State |
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414 | 400 | | Bureau of Investigation shall have the authority to destroy seized |
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415 | 401 | | controlled dangerous substances when the amount seized in a single |
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416 | 402 | | incident exceeds ten (10) pounds. The destroying agency shall: |
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417 | 403 | | a. photograph the seized substance with identifyi ng case |
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418 | 404 | | numbers or other means of identification, |
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419 | 405 | | b. prepare a report describing the seized substance pri or |
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420 | 406 | | to the destruction, |
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421 | 407 | | c. retain at least one (1) pound of the substance |
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422 | 408 | | randomly selected from the seized substance for the |
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423 | 409 | | purpose of evidence, and |
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455 | 440 | | Trafficking in Illegal Drugs Act pursuan t to |
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456 | 441 | | subsection C of Section 2 -415 of this title, if such a |
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457 | 442 | | weight is present. If such weight is not pre sent, |
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458 | 443 | | samples of the substance from each container, bale, |
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459 | 444 | | brick or other unit of substance seized shall be |
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460 | 445 | | taken. Each sample taken pursuant to this s ection |
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461 | 446 | | shall be large enough for the destroying agency and |
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462 | 447 | | the defendant or suspect to have an independent test |
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463 | 448 | | performed on the substance for purposes of |
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464 | 449 | | identification. |
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465 | 450 | | 2. If a defendant or suspect is known to the destroying agency, |
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466 | 451 | | the destroying agenc y shall give at least seven (7) days ' written |
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467 | 452 | | notice to the defendant, suspect or counsel for the defenda nt or |
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468 | 453 | | suspect of: |
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469 | 454 | | a. the date, the time, and the place where the |
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470 | 455 | | photographing will take place and notice of the right |
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471 | 456 | | to attend the photographing, and |
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472 | 457 | | b. the right to obtain samples of the controlled |
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473 | 458 | | dangerous substance for independent testing and use as |
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474 | 459 | | evidence. |
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506 | 490 | | random samples and make arrangements for the taking of samples. The |
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507 | 491 | | samples for the defendant or suspect must be taken by a person |
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508 | 492 | | licensed by the Drug Enforcement Administration. If the defendant |
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509 | 493 | | or counsel for the defendant fails to notify the destroying agency |
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510 | 494 | | in writing of an intent to obtain samples and fails to make |
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511 | 495 | | arrangements for the taking of samples, a sample taken pursuant to |
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512 | 496 | | subparagraph d of paragraph 1 of this subsection shall be made |
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513 | 497 | | available upon request of the defendant or suspect. |
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514 | 498 | | The representative samples, the photographs, the reports, and |
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515 | 499 | | the records made under this section and properly identified shall be |
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516 | 500 | | admissible in any court or administrative proceeding for any |
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517 | 501 | | purposes for which the seized substance itself would have been |
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518 | 502 | | admissible. |
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519 | 503 | | C. All other property not otherwise provided for in the Uniform |
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520 | 504 | | Controlled Dangerous Substances Act which has come into the |
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521 | 505 | | possession of the Oklahoma State Bureau of Narcotics and Dangerous |
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522 | 506 | | Drugs Control, the Department of Public Saf ety, the Oklahoma State |
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523 | 507 | | Bureau of Investigation, the Alcoholic Beverage Laws Enforcement |
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524 | 508 | | Commission, the Department of Corrections, the Office of the |
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525 | 509 | | Attorney General, or a district attorney may be disposed of by order |
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557 | 540 | | disposal with the dist rict court except for laboratory equipment |
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558 | 541 | | which may be forfeited when no longer needed in connection with |
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559 | 542 | | litigation, unless the property is perishabl e. The Director or |
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560 | 543 | | Commissioner of the agency, the Attorney General, or district |
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561 | 544 | | attorney shall file a petition in the district court of Oklahoma |
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562 | 545 | | County or in the case of a district attorney, the petition shall be |
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563 | 546 | | filed in a county within the jurisdiction of the district attorney |
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564 | 547 | | requesting the authority to: |
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565 | 548 | | 1. Conduct a sale of the property at a public auc tion or use an |
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566 | 549 | | Internet auction, which may include online bidding; or |
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567 | 550 | | 2. Convert title of the property to the Oklahoma State Bureau |
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568 | 551 | | of Narcotics and Dangerous Drugs Control, the Department of Public |
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569 | 552 | | Safety, the Oklahoma State Bureau of Investigation, the Alcoholic |
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570 | 553 | | Beverage Laws Enforcement Commission, the Department of Corrections, |
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571 | 554 | | the Office of the Attorney General, or to the district attorney 's |
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572 | 555 | | office for the purposes provided for in subsection J, K or L of this |
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573 | 556 | | section. |
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574 | 557 | | The Director, Commissioner, Attor ney General or district |
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575 | 558 | | attorney shall attach to the petition: |
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608 | 590 | | For any item having an apparent value in excess of One Hundred |
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609 | 591 | | Dollars ($100.00), but less than Five Hundred Dollars ( $500.00), the |
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610 | 592 | | notice of the hearing of the petition for the sale of the property, |
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611 | 593 | | except laboratory equip ment used in the processing, manufacturing or |
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612 | 594 | | compounding of controlled dangerous substances in violation of the |
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613 | 595 | | provisions of the Uniform Controlled D angerous Substances Act, shall |
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614 | 596 | | be given to every known owner, as set forth in the petition, by |
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615 | 597 | | first-class mail to the last -known address of the owner at least ten |
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616 | 598 | | (10) days prior to the date of the hearing. An affidavit of notice |
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617 | 599 | | being sent shall be file d with the court by a representative of the |
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618 | 600 | | agency, the Director or Commissioner of the agency, the Attor ney |
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619 | 601 | | General or district attorney. For items in excess of Five Hundred |
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620 | 602 | | Dollars ($500.00), a notice of the hearing of the petition for the |
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621 | 603 | | sale of said property shall be delivered to every known owner as set |
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622 | 604 | | forth in the petition by certified mail. Notice of a hearing on a |
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623 | 605 | | petition for forfeiture or sale of laboratory equipment used in the |
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624 | 606 | | processing, manufacturing or compounding of controlled dangerous |
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625 | 607 | | substances in violation of the Uniform Controlled Dangerous |
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626 | 608 | | Substances Act shall not be required. |
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659 | 640 | | owner appears and establishes ownership of the property, the court |
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660 | 641 | | may enter an order auth orizing the Director, Commissioner, Attorney |
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661 | 642 | | General, or district attorney to donate the property pursuan t to |
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662 | 643 | | subsection J, K or L of this section, to sell the property at a |
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663 | 644 | | public auction, including an Internet auction, which may include |
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664 | 645 | | online bidding, to the highest bidder, or to convert title of the |
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665 | 646 | | property to the Oklahoma State Bureau of Narcotics and Dangerous |
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666 | 647 | | Drugs Control, the Department of Public Safety, the Oklahoma State |
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667 | 648 | | Bureau of Investigation, the Alcoholic Beverage Laws Enforcement |
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668 | 649 | | Commission, the Department of Corrections, or the Office of the |
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669 | 650 | | Attorney General for the purposes provided for in s ubsection J, K or |
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670 | 651 | | L of this section after at least ten (10) days of notice has been |
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671 | 652 | | given by publication in one issue of a legal newspaper of the |
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672 | 653 | | county. If the property is offered for sale at public auction, |
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673 | 654 | | including an Internet auction, and no bid is received that exceeds |
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674 | 655 | | fifty percent (50%) of the value of the property, such value to be |
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675 | 656 | | announced prior to the sale, the Director, Commissioner, Attorn ey |
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676 | 657 | | General, or district attorney may refuse to sell the item pursuant |
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677 | 658 | | to any bid received. The Director, Commissioner, Attorney General, |
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710 | 690 | | for general drug enforcement purposes. These funds shall be |
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711 | 691 | | transferred to the Bureau of Narcotics Revolving Fund established |
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712 | 692 | | pursuant to Section 2 -107 of this title or in the case of a district |
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713 | 693 | | attorney, the revolving fund provided for in paragraph 3 of |
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714 | 694 | | subsection L of Section 2 -506 of this title. |
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715 | 695 | | E. At the request of the Department of Public Safety, the |
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716 | 696 | | district attorney or a designee of the district attorney may conduct |
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717 | 697 | | any forfeiture proceedings as described in Section 2 -503 of this |
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718 | 698 | | title on any property subject to forfeiture as described in |
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719 | 699 | | subsection A, B or C of Section 2-503 of this title. The money |
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720 | 700 | | received from the sale of property by the Department of Pub lic |
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721 | 701 | | Safety shall be deposited in the Department of Public Safety |
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722 | 702 | | Restricted Revolving Fund and shall be expended for law enforcement |
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723 | 703 | | purposes. |
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724 | 704 | | F. The money received from the sale of property by the |
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725 | 705 | | Alcoholic Beverage Laws Enforcement Commission shall be deposited in |
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726 | 706 | | the General Revenue Fund of the state. |
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727 | 707 | | G. The money received from the sale of property from the |
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728 | 708 | | Oklahoma State Bureau of Investigation sha ll be deposited in the |
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761 | 740 | | property so purchased. Twenty -five percent (25%) of the money |
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762 | 741 | | received from the sale shall be disbursed to a revolving fund in the |
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763 | 742 | | office of the county treasurer of the county wherein the property |
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764 | 743 | | was seized, said fund to be used as a revolving fund solely for |
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765 | 744 | | enforcement of controlled dangerous substances laws, drug abuse |
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766 | 745 | | prevention and drug abuse education. The remaining seventy -five |
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767 | 746 | | percent (75%) shall be deposited in the Department of Corrections |
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768 | 747 | | Revolving Fund to be expended for equipment for probation and parole |
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769 | 748 | | officers and correctional officers. |
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770 | 749 | | I. The money received from the sale of property from the Office |
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771 | 750 | | of the Attorney General shall be deposited in the Attorney General |
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772 | 751 | | Law Enforcement Revolving Fund and shall be expen ded for law |
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773 | 752 | | enforcement purposes. The Office of the Attorney General may enter |
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774 | 753 | | into agreements with muni cipal, county or state agencies to return |
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775 | 754 | | to such an agency a percentage of proceeds of the sale of any |
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776 | 755 | | property seized by the agency and forfeited und er the provisions of |
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777 | 756 | | this section. |
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778 | 757 | | J. Any property, including but not limited to uncontaminated |
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779 | 758 | | laboratory equipment used in the processing, manufacturing or |
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812 | 790 | | Beverage Laws Enforceme nt Commission, the Department of Corrections, |
---|
813 | 791 | | or the Office of the Attorney General to any public secondary school |
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814 | 792 | | or technology center school in this state or any institution of |
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815 | 793 | | higher education within The Oklahoma State System of Higher |
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816 | 794 | | Education. |
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817 | 795 | | K. Any vehicle or firearm which has come into the possession |
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818 | 796 | | and title vested in the Oklahoma State Bureau of Narcotics and |
---|
819 | 797 | | Dangerous Drugs Control, the Department of Public Safety, the |
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820 | 798 | | Oklahoma State Bureau of Investigation, the Office of the Attorney |
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821 | 799 | | General or a district attorney, may be transferred, donated or |
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822 | 800 | | offered for lease to any sheriff 's office, tribal law enforcement |
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823 | 801 | | agency, campus police department pursuant to the provisions of the |
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824 | 802 | | Oklahoma Campus Security Act, or police department in this state on |
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825 | 803 | | an annual basis to assist with the enforcement of the provisions of |
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826 | 804 | | the Uniform Controlled Dangerous Subs tances Act. Each agency shall |
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827 | 805 | | promulgate rules, regulations and procedures for leasing vehicles |
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828 | 806 | | and firearms. No fully automatic weapons will be subj ect to the |
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829 | 807 | | leasing agreement. All firearms leased may be utilized only by |
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830 | 808 | | C.L.E.E.T.-certified officers who have received training in the type |
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863 | 840 | | sale or other disposition. All fund s derived from lease agreements |
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864 | 841 | | or other disposition of property no longer useful to law enforcement |
---|
865 | 842 | | shall be deposited in the agency 's revolving fund, or in the case of |
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866 | 843 | | the Department of Public Safety, the Department of Public Safety |
---|
867 | 844 | | Restricted Revolving Fund, and shall be expended for law enforcement |
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868 | 845 | | purposes. If it is determined that the firearm is a weap on that has |
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869 | 846 | | historic military value, the agency having custody of the weapon |
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870 | 847 | | shall be prohibited from destroying said weapon and shall donate the |
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871 | 848 | | weapon to a local unit of a veterans ' organization incorporated by |
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872 | 849 | | enactment of the Congress of the United States . |
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873 | 850 | | L. Before disposing of any property pursuant to subsections C |
---|
874 | 851 | | through I of this section, the Oklahoma State Bureau of Narcotics |
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875 | 852 | | and Dangerous Drugs Control, the Department of Public Safety, the |
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876 | 853 | | Alcoholic Beverage Laws Enforcement Commission, the Okla homa State |
---|
877 | 854 | | Bureau of Investigation, the Department of Corrections, the Office |
---|
878 | 855 | | of the Attorney General, or a district attorney may transfer or |
---|
879 | 856 | | donate the property to another state agency, tribal law enforcement |
---|
880 | 857 | | agency, or school district for use upon request. In addition to the |
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881 | 858 | | provisions of this section, the Oklahoma State Bureau of Narcotics |
---|
914 | 890 | | also provide for the granting of title to any property being |
---|
915 | 891 | | transferred as the parties deem appropriate. If the transfer of |
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916 | 892 | | property is to a school district, a written agreement shall be |
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917 | 893 | | entered into with the superintendent of the scho ol district. No |
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918 | 894 | | weapons may be transferred to a school district except as provided |
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919 | 895 | | for in subsection K o f this section. |
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920 | 896 | | SECTION 3. This act shall become effective November 1, 2025. |
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