| 39 | 36 | | |
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| 40 | 37 | | |
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| 41 | 38 | | |
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| 42 | 39 | | |
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| 43 | 40 | | An Act relating to criminal procedure; amending 22 |
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| 44 | 41 | | O.S. 2021, Section 1325, which relates to procedures |
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| 45 | 42 | | for disposing of unclaimed property; updating written |
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| 46 | 43 | | notice requirements; and providing an effective date. |
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| 47 | 44 | | |
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| 48 | 45 | | |
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| 49 | 46 | | |
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| 50 | 47 | | |
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| 51 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 52 | 49 | | SECTION 1. AMENDATORY 22 O.S. 2021, Section 1325, is |
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| 53 | 50 | | amended to read as follows: |
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| 54 | 51 | | Section 1325. A. Any sheriff's office or campus police agency |
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| 55 | 52 | | as authorized under the Oklahoma Campus Security Act is authorized |
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| 56 | 53 | | to dispose of by public sale, destruction, donation, or transfer for |
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| 57 | 54 | | use to a governmental subdivision personal property which has come |
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| 58 | 55 | | into its possession, or depos it in a special fund, as hereafter |
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| 59 | 56 | | provided, all money or legal tender of the United States which has |
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| 60 | 57 | | come into its possession, whether the property or money be stolen, |
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| 61 | 58 | | embezzled, lost, abandoned or otherwise, the owner of the property |
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| 62 | 59 | | or money being unkno wn or not having claimed the same, and which the |
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| 63 | 60 | | sheriff or campus police agency has held for at least six (6) |
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| 92 | 88 | | longer needed to be held as evidence or otherwise used in connection |
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| 93 | 89 | | with any litigation. |
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| 94 | 90 | | B. Where personal property held under the circumstances |
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| 95 | 91 | | provided in subsection A of this section is determined by the agency |
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| 96 | 92 | | having custody to be unsuitable for disposition by public sale due |
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| 97 | 93 | | to its condition or assessed by agency personnel as having limited |
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| 98 | 94 | | or no resale value, it may be destroyed, discarded as solid waste or |
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| 99 | 95 | | donated to a charitable organization designated by the U.S. Internal |
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| 100 | 96 | | Revenue Service as a 501(c)(3) nonprofit organization. Where |
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| 101 | 97 | | disposition by destruction, discard, or d onation is made of personal |
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| 102 | 98 | | property, a report des cribing the property by category and quantity, |
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| 103 | 99 | | and indicating what disposition was made for each item or lot, shall |
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| 104 | 100 | | be submitted to the presiding judge of the district court within ten |
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| 105 | 101 | | (10) days following t he disposition. |
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| 106 | 102 | | C. Where disposition by public sale is appropriate, the |
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| 107 | 103 | | sheriff's office or campus police agency shall file an application |
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| 108 | 104 | | in the district court of its county requesting the authority of the |
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| 109 | 105 | | court to dispose of such personal property, and shall attach to the |
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| 110 | 106 | | application a list describing the property, including all |
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| 111 | 107 | | identifying numbers and marks, if any, the date the property came |
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| 112 | 108 | | into the possession of the sheriff's office or campus police agency |
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| 113 | 109 | | and the name and address of the owner, if kn own. The court shall |
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| 143 | 138 | | D. Written notice shall be given by the sheriff's office or |
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| 144 | 139 | | campus police agency of the hearing to each and every owner if known |
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| 145 | 140 | | and as set forth in the application by first -class mail, postage |
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| 146 | 141 | | prepaid, and directed to the last -known address of the owner at |
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| 147 | 142 | | least ten (10) days prior to the date of the hearing , unless the |
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| 148 | 143 | | personal property is held by the sheriff's office as inmate |
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| 149 | 144 | | commissary and is less than Fifty Dollars ($50.00) in which case |
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| 150 | 145 | | notice by first-class mail shall not be required . The notice shall |
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| 151 | 146 | | contain a brief description of the property of the owner and the |
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| 152 | 147 | | place and date of the hearing. In addition, notice Notice of the |
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| 153 | 148 | | hearing shall be posted in three public pla ces in the county, one |
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| 154 | 149 | | being the county courthouse at the regular place assigned for the |
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| 155 | 150 | | posting of legal notices or shall be published in a newspaper |
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| 156 | 151 | | authorized by law to publish legal notices in the count y in which |
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| 157 | 152 | | the property is located. If no newspaper authorized by law to |
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| 158 | 153 | | publish legal notices is published in such county, the notice shall |
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| 159 | 154 | | be published in a newspaper of general circulation which is |
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| 160 | 155 | | published in an adjoining county. The notice shall st ate the name |
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| 161 | 156 | | of the owner being notified by public ation and shall be published at |
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| 162 | 157 | | least ten (10) days prior to the date of the hearing. |
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| 163 | 158 | | E. At the hearing, if no owner appears and establishes |
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| 164 | 159 | | ownership to the property, the court shall enter an order |
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| 194 | 188 | | to a not-for-profit corporation as defined in Title 18 of the |
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| 195 | 189 | | Oklahoma Statutes or to sell the personal property to the highest |
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| 196 | 190 | | bidder for cash, after at least five (5) days of notice has been |
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| 197 | 191 | | given by publication in one issue of a legal newspaper of the |
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| 198 | 192 | | county. The sheriff's office or campus police agency shall make a |
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| 199 | 193 | | return of the donation or sale and, when confirmed by the cou rt, the |
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| 200 | 194 | | order confirming the donation or sale shall vest in the recipient or |
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| 201 | 195 | | purchaser title to the property so donated or purchased. |
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| 202 | 196 | | F. A sheriff's office having in its possession money or legal |
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| 203 | 197 | | tender under the circumstances provided in subsection A of this |
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| 204 | 198 | | section, prior to appropriating the same for deposit into a special |
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| 205 | 199 | | fund, shall file an application in the district court of its county |
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| 206 | 200 | | requesting the court to enter an order authorizing it to so |
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| 207 | 201 | | appropriate the money for deposit in the special fund. The |
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| 208 | 202 | | application shall describe the money or legal tender, together with |
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| 209 | 203 | | serial numbers, if any, the date the same came into the possession |
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| 210 | 204 | | of the sheriff's office or campus police agency, and the name and |
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| 211 | 205 | | address of the owner, if known. Upon filing, the application, which |
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| 212 | 206 | | may be joined with an applicati on as described in subsection C of |
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| 213 | 207 | | this section, shall be set for hearing not less than ten (10) days |
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| 214 | 208 | | nor more than twenty (20) days from the filing thereof, and notice |
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| 215 | 209 | | of the hearing shall be given as prov ided in subsection D of this |
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| 245 | 238 | | ordered by the court to be deposited in the special fund by the |
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| 246 | 239 | | sheriff's office or campus police ag ency. The notice may be |
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| 247 | 240 | | combined with a notice to sell personal property as set forth in |
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| 248 | 241 | | subsection D of this section. At the hearing, if no one appears to |
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| 249 | 242 | | claim and prove ownership to the money or legal tender, the court |
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| 250 | 243 | | shall order the same to be depos ited by the sheriff's office or |
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| 251 | 244 | | campus police agency in the special fund, as provided in subsection |
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| 252 | 245 | | H of this section. |
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| 253 | 246 | | G. Where a sheriff's office or campus police agency has in its |
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| 254 | 247 | | possession under the circumstances provided in subsection A of this |
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| 255 | 248 | | section, personal property deemed to have potential uti lity to that |
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| 256 | 249 | | sheriff's office, campus police agency or another governmental |
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| 257 | 250 | | subdivision, prior to appropriating the personal property for use, |
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| 258 | 251 | | the sheriff's office or campus police agency shall file an |
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| 259 | 252 | | application in the district court requesting the court to enter an |
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| 260 | 253 | | order authorizing it to so appropriate or transfer the property for |
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| 261 | 254 | | use. The application shall describe the property, together with |
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| 262 | 255 | | serial numbers, if any, the date the property came into the |
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| 263 | 256 | | possession of the sheriff's office or campus polic e agency and the |
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| 264 | 257 | | name and address of the owner, if known. Upon filing, the |
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| 265 | 258 | | application, which may be joined with an application as described in |
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| 266 | 259 | | subsection C of this section, shall be set for hearing not le ss than |
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| 296 | 288 | | subsection D of this section. The notice shall state that, upon no |
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| 297 | 289 | | one appearing to prove ownership to the personal property , the |
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| 298 | 290 | | property will be ordered by the court to be delivered for use by the |
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| 299 | 291 | | sheriff's office or campus police agency or its authorizing |
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| 300 | 292 | | institution or transferred to another governmental subdivision for |
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| 301 | 293 | | its use. The notice may be combined with a notice to sell personal |
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| 302 | 294 | | property as set forth in subsection D of this section. At the |
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| 303 | 295 | | hearing, if no one appears to claim and prove ownership to the |
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| 304 | 296 | | personal property, the court shall order the property to be |
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| 305 | 297 | | available for use by the sheriff's office or campus poli ce agency or |
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| 306 | 298 | | delivered to an appropriate person fo r use by the authorizing |
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| 307 | 299 | | institution or another governmental subdivision. |
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| 308 | 300 | | H. The money received from the sale of personal property as |
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| 309 | 301 | | above provided, after payment of the court costs and other expenses, |
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| 310 | 302 | | if any, together with all money in possession of the sheriff's |
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| 311 | 303 | | office or campus police agency, which has been ordered by the court |
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| 312 | 304 | | to be deposited in the special fund, shall be deposited in such fund |
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| 313 | 305 | | which shall be separately maintained by the sheriff's offi ce in a |
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| 314 | 306 | | special fund with the county treasurer or campus police agency to be |
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| 315 | 307 | | expended upon the approval of the sheriff or head of the campus |
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| 316 | 308 | | police agency for the purchase of equipment, materials or supplies |
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| 317 | 309 | | that may be used in crime prevention, education, training or |
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| 347 | 338 | | employee of the campus police agency to attend law enforcement or |
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| 348 | 339 | | public safety training courses which are condu cted by the Oklahoma |
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| 349 | 340 | | Council on Law Enforcement Ed ucation and Training (CLEET) or other |
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| 350 | 341 | | certified trainers, providers, or agencies. |
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| 351 | 342 | | I. The disposition of biological evidence, as defined by |
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| 352 | 343 | | Section 1372 of this title, shall be governed by the provisions se t |
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| 353 | 344 | | forth in Section 1372 of this title. |
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| 354 | 345 | | SECTION 2. This act shall become effective November 1, 2025. |
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