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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 596 By: Jett
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4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to asset forfeiture transparency;
7 amending 51 O.S. 2021, Section 24A.8, as amended by
8 Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp.
8 2024, Section 24A.8), which relates to law
9 enforcement records; making certain reports available
9 for public inspection; amending 63 O.S. 2021, Section
10 2-506, which relates to seizure of property;
10 requiring submission of certain report; requiring
11 publication of report on certain website; updating
11 statutory language; and providing an effective date.
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.8, as
15
16 amended by Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp. 2024,
16
17 Section 24A.8), is amended to read as follows:
17
18 Section 24A.8. A. Law enforcement agencies shall make
18
19 available for public inspection and copying, if kept, the following
19
20 records:
20
21 1. An arrestee description, including the name, date of birth,
21
22 address, race, sex, physical description, and occupation of the
22
23 arrestee;
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1 2. Facts concerning the arrest, including the cause of arrest
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2 and the name of the arresting officer;
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3 3. A chronological list of all incidents, including initial
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4 offense report information showing the offense, date, time, general
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5 location, officer, and a brief summary of what occurred;
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6 4. Radio logs, including a chronological listing of the calls
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7 dispatched;
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8 5. Conviction information, including the name of any person
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9 convicted of a criminal offense;
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10 6. Disposition of all warrants, including orders signed by a
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11 judge of any court commanding a law enforcement officer to arrest a
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12 particular person;
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13 7. A crime summary, including an agency summary of crimes
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14 reported and public calls for service by classification or nature
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15 and number;
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16 8. Jail registers, including jail blotter data or jail booking
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17 information recorded on persons at the time of incarceration showing
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18 the name of each prisoner with the date and cause of commitment, the
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19 authority committing the prisoner, whether committed for a criminal
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20 offense, a description of the prisoner, and the date or manner of
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21 discharge or escape of the prisoner;
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22 9. Annual reports submitted pursuant to subsection T of Section
22
23 2-506 of Title 63 of the Oklahoma Statutes;
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24
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1 10. Audio and video recordings from recording equipment
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2 attached to law enforcement vehicles or associated audio recordings
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3 from recording equipment on the person of a law enforcement officer;
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4 provided, the law enforcement agency may, before releasing any audio
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5 or video recording provided for in this paragraph, redact or obscure
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6 specific portions of the recording which:
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7 a. depict the death of a person or a dead body, unless
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8 the death was effected by a law enforcement officer,
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9 b. depict nudity,
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10 c. would identify minors under the age of sixteen (16)
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11 years or would undermine any requirement to keep
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12 certain juvenile records confidential as provided for
12
13 in Title 10A of the Oklahoma Statutes,
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14 d. depict acts of severe violence resulting in great
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15 bodily injury, as defined in Section 11-904 of Title
15
16 47 of the Oklahoma Statutes, against persons that are
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17 clearly visible, unless the act of severe violence was
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18 effected by a law enforcement officer,
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19 e. depict great bodily injury, as defined in Section 11-
19
20 904 of Title 47 of the Oklahoma Statutes, unless the
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21 great bodily injury was effected by a law enforcement
21
22 officer,
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23 f. include personal medical information that is not
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24 already public,
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1 g. would undermine the assertion of a privilege provided
1
2 in Section 1-109 or Section 3-428 of Title 43A of the
2
3 Oklahoma Statutes for detention or transportation for
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4 mental health evaluation or treatment or drug or
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5 alcohol detoxification purposes,
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6 h. include personal information other than the name or
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7 license plate number of a person not arrested, cited,
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8 charged or issued a written warning. Such personal
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9 information shall include any government-issued
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10 identification number, date of birth, address or
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11 financial information, or
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12 i. reveal the identity of law enforcement officers who
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13 have become subject to internal investigation by the
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14 law enforcement agency as a result of an event
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15 depicted in the recording. The option to protect the
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16 identity of a law enforcement officer shall not be
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17 available to the law enforcement agency after the law
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18 enforcement agency has concluded the investigation and
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19 rendered a decision as to final disciplinary action.
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20 At such time when an investigation has concluded and
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21 the law enforcement agency has rendered its decision
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22 as to final disciplinary action, the portions of the
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23 recordings previously withheld as provided for in this
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24 subparagraph shall be available for public inspection
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1 and copying. The audio and video recordings withheld
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2 as provided for in this subparagraph shall be
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3 available for public inspection and copying before the
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4 conclusion of the investigation if the investigation
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5 lasts for an unreasonable amount of time; and
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6 10. 11. a. Audio and video recordings from recording
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7 equipment attached to the person of a law enforcement
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8 officer that depict:
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9 (1) the use of any physical force or violence by a
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10 law enforcement officer,
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11 (2) pursuits of any kind,
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12 (3) traffic stops,
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13 (4) any person being arrested, cited, charged or
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14 issued a written warning,
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15 (5) events that directly led to any person being
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16 arrested, cited, charged or receiving a written
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17 warning,
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18 (6) detentions of any length for the purpose of
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19 investigation,
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20 (7) any exercise of authority by a law enforcement
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21 officer that deprives a citizen of his or her
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22 liberty,
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1 (8) actions by a law enforcement officer that have
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2 become the cause of an investigation or charges
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3 being filed,
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4 (9) recordings in the public interest that may
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5 materially aid a determination of whether law
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6 enforcement officers are appropriately performing
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7 their duties as public servants, or
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8 (10) any contextual events occurring before or after
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9 the events depicted in divisions (1) through (9)
9
10 of this subparagraph.
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11 b. Notwithstanding the provisions of subparagraph a of
11
12 this paragraph, the law enforcement agency may, before
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13 releasing any audio or video recording provided for in
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14 this paragraph, redact or obscure specific portions of
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15 the recording that:
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16 (1) depict the death of a person or a dead body,
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17 unless the death was effected by a law
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18 enforcement officer,
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19 (2) depict nudity,
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20 (3) would identify minors under the age of sixteen
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21 (16) years or would undermine any requirement to
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22 keep certain juvenile records confidential as
22
23 provided for in Title 10A of the Oklahoma
23
24 Statutes,
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1 (4) depict acts of severe violence resulting in great
1
2 bodily injury, as defined in Section 11-904 of
2
3 Title 47 of the Oklahoma Statutes, against
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4 persons that are clearly visible, unless the act
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5 of severe violence was effected by a law
5
6 enforcement officer,
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7 (5) depict great bodily injury, as defined in Section
7
8 11-904 of Title 47 of the Oklahoma Statutes,
8
9 unless the great bodily injury was effected by a
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10 law enforcement officer,
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11 (6) include personal medical information that is not
11
12 already public,
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13 (7) undermine the assertion of a privilege as
13
14 provided in Section 1-109 or Section 3-428 of
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15 Title 43A of the Oklahoma Statutes for detention
15
16 or transportation for mental health evaluation or
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17 treatment or drug or alcohol detoxification
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18 purposes,
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19 (8) identify alleged victims of sex crimes or
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20 domestic violence,
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21 (9) identify any person who provides information to
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22 law enforcement or the information provided by
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23 that person when that person requests anonymity
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24 or where disclosure of the identity of the person
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1 or the information provided could reasonably be
1
2 expected to threaten or endanger the physical
2
3 safety or property of the person or the physical
3
4 safety or property of others,
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5 (10) undermine the assertion of a privilege to keep
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6 the identity of an informer confidential as
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7 provided for in Section 2510 of Title 12 of the
7
8 Oklahoma Statutes,
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9 (11) include personal information other than the name
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10 or license plate number of a person not
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11 officially arrested, cited, charged or issued a
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12 written warning. Such personal information shall
12
13 include any government-issued identification
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14 number, date of birth, address or financial
14
15 information,
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16 (12) include information that would materially
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17 compromise an ongoing criminal investigation or
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18 ongoing criminal prosecution, provided that:
18
19 (a) ten (10) days following the formal
19
20 arraignment or initial appearance, whichever
20
21 occurs first, of a person charged in the
21
22 case in question, the recording shall be
22
23 made available for public inspection and
23
24 copying with no redaction of the portions
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Req. No. 346 Page 8
1 that were temporarily withheld by reliance
1 on this division. Provided, before
2 potential release of a recording as provided
2 for in this subdivision, the prosecutor or
3 legal representative of the person charged
3 may request from the appropriate district
4 court an extension of time during which the
4 recording may be withheld under the
5 provisions of this division. When a request
5 for an extension of time has been filed with
6 the court, the recording in question may be
6 withheld until the court has issued a
7 ruling. Such requests for an extension of
7 the time during which the recording may be
8 withheld may be made on the grounds that
8 release of the recording will materially
9 compromise an ongoing criminal investigation
9 or criminal prosecution or on the grounds
10 that release of the recording will
10 materially compromise the right of an
11 accused to a fair trial that has yet to
11 begin. Courts considering such requests
12 shall conduct a hearing and consider whether
12 the interests of the public outweigh the
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Req. No. 346
1 interests asserted by the parties. In
1 response to such requests, the court shall
2 order that the recording be made available
2 for public inspection and copying with no
3 redaction of the portions that were
3 temporarily withheld by reliance on this
4 division or order an extension of time
4 during which the recording may be withheld
5 under the provisions of this division.
5 Provided further, each such time extension
6 shall only be ordered by the court for an
6 additional six-month period of time or less
7 and cumulative time extensions shall not add
7 up to more than eighteen (18) months, or
8 (b) in the event that one hundred twenty (120)
8 days expire from the date of the events
9 depicted in the recording without any person
9 being criminally charged in the case in
10 question and release of a recording or
10 portions of a recording have been denied on
11 the grounds provided for in this division,
11 an appeal of such denial may be made to the
12 appropriate district court. In situations
12 where one hundred twenty (120) days have
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Req. No. 346
1 expired since the creation of the recording,
1 criminal charges have not been filed against
2 a person and the recording is being withheld
2 on the grounds provided for in this
3 division, courts considering appeals to the
3 use of the provisions of this division for
4 temporarily withholding a recording shall
4 conduct a hearing and consider whether the
5 interests of the public outweigh the
5 interests of the parties protected by this
6 division. In response to such appeals, the
6 district court shall order that the
7 recording be made available for public
7 inspection and copying with no redaction of
8 the portions that were temporarily withheld
8 by reliance on this division or order an
9 extension of time during which the recording
9 may be withheld under the provisions of this
10 division. An order granting an extension of
10 time shall be applicable to the recording
11 against all appellants for the duration of
11 the extension. Provided, each such time
12 extension shall only be ordered by the
12 district court for an additional twelve-
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Req. No. 346
1 month period of time or less and cumulative
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2 time extensions shall not add up to more
2
3 than three (3) years. Provided, charges
3
4 being filed against a person in the case in
4
5 question automatically cancels any extension
5
6 of time. A new request for an extension of
6
7 time following an arraignment or initial
7
8 appearance may be requested by the parties
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9 on the grounds and under the terms provided
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10 for in subdivision (a) of this division.
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11 The options presented in this division to
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12 potentially withhold a recording or portions of a
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13 recording on the grounds provided for in this
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14 division shall expire in totality four (4) years
14
15 after the recording was made at which time all
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16 recordings previously withheld on the grounds
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17 provided for in this division shall be made
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18 available for public inspection and copying, or
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19 (13) reveal the identity of law enforcement officers
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20 who have become subject to internal investigation
20
21 by the law enforcement agency as a result of an
21
22 event depicted in the recording. The option to
22
23 protect the identity of a law enforcement officer
23
24 shall not be available to the law enforcement
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Req. No. 346 Page 12
1 agency after the law enforcement agency has
1
2 concluded the investigation and rendered a
2
3 decision as to final disciplinary action. At
3
4 such time when an investigation has concluded and
4
5 the law enforcement agency has rendered its
5
6 decision as to final disciplinary action, the
6
7 portions of the recordings previously withheld as
7
8 provided for in this division shall be available
8
9 for public inspection and copying. The audio and
9
10 video recordings withheld on the grounds provided
10
11 for in this division shall be available for
11
12 public inspection and copying before the
12
13 conclusion of the investigation if the
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14 investigation lasts for an unreasonable amount of
14
15 time.
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16 B. 1. Except for the records listed in subsection A of this
16
17 section and those made open by other state or local laws, law
17
18 enforcement agencies may deny access to law enforcement records
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19 except where a court finds that the public interest or the interest
19
20 of an individual outweighs the reason for denial. The provisions of
20
21 this section shall not operate to deny access to law enforcement
21
22 records if such records have been previously made available to the
22
23 public as provided in the Oklahoma Open Records Act or as otherwise
23
24 provided by law.
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1 2. a. A law enforcement agency shall deny access to any
1
2 audio or video recording that depicts the death of a
2
3 law enforcement officer who was acting in the course
3
4 of his or her official duties including any related
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5 acts or events immediately preceding or subsequent to
5
6 the acts or events that caused or otherwise relate to
6
7 the death, except where a court finds that the public
7
8 interest or the interest of an individual outweighs
8
9 the reason for denial. Provided, however, a law
9
10 enforcement agency may allow a family member of the
10
11 deceased law enforcement officer to hear or view such
11
12 audio or video recording under protocols established
12
13 by the law enforcement agency. For the purposes of
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14 this subparagraph, "family member" means a spouse,
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15 adult child, parent or sibling of the deceased law
15
16 enforcement officer.
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17 b. Nothing in subparagraph a of this paragraph shall be
17
18 construed to prohibit the prosecution and defense
18
19 counsel from access to such audio or video recordings
19
20 or the use of such recordings as evidence in a legal
20
21 proceeding.
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22 C. Nothing contained in this section imposes any new
22
23 recordkeeping requirements. Law enforcement records shall be kept
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24 for as long as is now or may hereafter be specified by law. Absent
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1 a legal requirement for the keeping of a law enforcement record for
1
2 a specific time period, law enforcement agencies shall maintain
2
3 their records for so long as needed for administrative purposes.
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4 D. Registration files maintained by the Department of
4
5 Corrections pursuant to the provisions of the Sex Offenders
5
6 Registration Act shall be made available for public inspection in a
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7 manner to be determined by the Department.
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8 E. The Council on Law Enforcement Education and Training
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9 (C.L.E.E.T.) shall keep confidential all records it maintains
9
10 pursuant to Section 3311 of Title 70 of the Oklahoma Statutes and
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11 deny release of records relating to any employed or certified full-
11
12 time officer, reserve officer, retired officer or other person;
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13 teacher lesson plans, tests and other teaching materials; and
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14 personal communications concerning individual students except under
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15 the following circumstances:
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16 1. To verify the current certification status of any peace
16
17 officer;
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18 2. As may be required to perform the duties imposed by Section
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19 3311 of Title 70 of the Oklahoma Statutes;
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20 3. To provide to any peace officer copies of the records of
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21 that peace officer upon submitting a written request;
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22 4. To provide, upon written request, to any law enforcement
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23 agency conducting an official investigation, copies of the records
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24 of any peace officer who is the subject of such investigation;
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Req. No. 346 Page 15
1 5. To provide final orders of administrative proceedings where
1
2 an adverse action was taken against a peace officer; and
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3 6. Pursuant to an order of the district court of the State of
3
4 Oklahoma.
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5 F. The Department of Public Safety shall keep confidential:
5
6 1. All records it maintains pursuant to its authority under
6
7 Title 47 of the Oklahoma Statutes relating to the Oklahoma Highway
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8 Patrol Division, the Communications Division, and other divisions of
8
9 the Department relating to:
9
10 a. training, lesson plans, teaching materials, tests and
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11 test results,
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12 b. policies, procedures and operations, any of which are
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13 of a tactical nature, and
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14 c. the following information from radio logs:
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15 (1) telephone numbers,
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16 (2) addresses other than the location of incidents to
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17 which officers are dispatched, and
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18 (3) personal information which is contrary to the
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19 provisions of the Driver's Privacy Protection
19
20 Act, 18 United States Code, Sections 2721 through
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21 2725; and
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22 2. For the purpose of preventing identity theft and invasion of
22
23 law enforcement computer systems, except as provided in Title 47 of
23
24 the Oklahoma Statutes, all driving records.
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1 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-506, is
1
2 amended to read as follows:
2
3 Section 2-506. A. Any peace officer of this state shall seize
3
4 the following property:
4
5 1. Any property described in subsection A of Section 2-503 of
5
6 this title. Such property shall be held as evidence until a
6
7 forfeiture has been declared or release ordered, except for property
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8 described in paragraphs 1, 2 and 3 of subsection A of Section 2-503
8
9 of this title, or in the case of money, coins, and currency,
9
10 deposited as provided in subsection E of Section 2-503 of this
10
11 title; provided, any money, coins and currency taken or detained
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12 pursuant to this section may be deposited in an interest-bearing
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13 account by or at the direction of the district attorney in the
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14 office of the county treasurer if the district attorney determines
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15 the currency is not to be held as evidence. All interest earned on
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16 such monies shall be returned to the claimant or forfeited with the
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17 money, coins and currency which was taken or detained as provided by
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18 law;
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19 2. Any property described in subsection B of Section 2-503 of
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20 this title; or
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21 3. Any property described in subsection C of Section 2-503 of
21
22 this title.
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23 B. Notice of seizure and intended forfeiture proceeding shall
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24 be filed in the office of the clerk of the district court for the
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Req. No. 346 Page 17
1 county wherein such property is seized and shall be given all owners
1
2 and parties in interest. Notwithstanding any other provision of
2
3 law, no filing fees shall be assessed by the court clerk for the
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4 filing of any forfeiture action.
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5 C. Notice shall be given by the agency seeking forfeiture
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6 according to one of the following methods:
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7 1. Upon each owner or party in interest whose right, title or
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8 interest is of record in the Tax Commission, by mailing a copy of
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9 the notice by certified mail to the address as given upon the
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10 records of the Tax Commission;
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11 2. Upon each owner or party in interest whose name and address
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12 is known to the attorney in the office of the agency prosecuting the
12
13 action to recover unpaid fines, by mailing a copy of the notice by
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14 registered mail to the last-known address; or
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15 3. Upon all other owners or interested parties, whose addresses
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16 are unknown, but who are believed to have an interest in the
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17 property, by one publication in a newspaper of general circulation
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18 in the county where the seizure was made.
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19 D. Within forty-five (45) days after the mailing or publication
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20 of the notice, the owner of the property and any other party in
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21 interest or claimant may file a verified answer and claim to the
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22 property described in the notice of seizure and of the intended
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23 forfeiture proceeding.
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1 E. If at the end of forty-five (45) days after the notice has
1
2 been mailed or published there is no verified answer on file, the
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3 court shall hear evidence upon the fact of the unlawful use and
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4 shall order the property forfeited to the state, if such fact is
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5 proved. Except as otherwise provided for in Section 2-503 of this
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6 title, any such property shall be forfeited to the state and sold
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7 under judgment of the court pursuant to the provisions of Section 2-
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8 508 of this title.
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9 F. If a verified answer is filed, the forfeiture proceeding
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10 shall be set for hearing.
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11 G. At a hearing in a proceeding against property described in
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12 paragraphs 3 through 9 of subsection A or subsections B and C of
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13 Section 2-503 of this title, the requirements set forth in said the
13
14 paragraph or subsection, respectively, shall be satisfied by the
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15 state by a preponderance of the evidence.
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16 H. The claimant of any right, title, or interest in the
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17 property may prove a lien, mortgage, or conditional sales contract
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18 to be a bona fide or innocent ownership interest and that such
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19 right, title, or interest was created without any knowledge or
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20 reason to believe that the property was being, or was to be, used
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21 for the purpose charged.
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22 I. In the event of such proof, the court shall order the
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23 property released to the bona fide or innocent owner, lien holder,
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24 mortgagee or vendor if the amount due him is equal to, or in excess
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1 of, the value of the property as of the date of the seizure, it
1
2 being the intention of this section to forfeit only the right, title
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3 or interest of the purchaser.
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4 J. If the amount due to such person is less than the value of
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5 the property, or if no bona fide claim is established, the property
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6 shall be forfeited to the state and sold under judgment of the
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7 court, as provided for in Section 2-508 of this title, except as
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8 otherwise provided for in Section 2-503 of this title.
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9 K. Property taken or detained under this section shall not be
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10 repleviable, but shall be deemed to be in the custody of the office
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11 of the district attorney of the county wherein the property was
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12 seized, subject only to the orders and decrees of the court or the
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13 official having jurisdiction thereof; said the official shall
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14 maintain a true and accurate inventory and record of all such
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15 property seized under the provisions of this section. The
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16 provisions of this subsection shall not apply to property taken or
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17 detained by the Oklahoma State Bureau of Narcotics and Dangerous
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18 Drugs Control, the Department of Public Safety, the Oklahoma State
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19 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
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20 Commission, the Department of Corrections or the Office of the
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21 Attorney General. Property taken or detained by the Oklahoma State
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22 Bureau of Narcotics and Dangerous Drugs Control, the Department of
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23 Public Safety, the Oklahoma State Bureau of Investigation, the
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24 Alcoholic Beverage Laws Enforcement Commission, the Department of
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Req. No. 346 Page 20
1 Corrections or the Office of the Attorney General shall be subject
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2 to the provisions of subsections E and F of Section 2-503 of this
2
3 title.
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4 L. The proceeds of the sale of any property not taken or
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5 detained by the Oklahoma State Bureau of Narcotics and Dangerous
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6 Drugs Control, the Department of Public Safety, the Oklahoma State
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7 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
7
8 Commission, the Department of Corrections or the Office of the
8
9 Attorney General shall be distributed as follows, in the order
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10 indicated:
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11 1. To the bona fide or innocent purchaser, conditional sales
11
12 vendor or mortgagee of the property, if any, up to the amount of his
12
13 or her interest in the property, when the court declaring the
13
14 forfeiture orders a distribution to such person;
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15 2. To the payment of the actual expenses of preserving the
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16 property and legitimate costs related to the civil forfeiture
16
17 proceedings. For purposes of this paragraph, the term "legitimate
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18 costs" shall not include court costs associated with any civil
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19 forfeiture proceeding; and
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20 3. The balance to a revolving fund in the office of the county
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21 treasurer of the county wherein the property was seized, said the
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22 fund to be used as a revolving fund solely for enforcement of
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23 controlled dangerous substances laws, drug abuse prevention and drug
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24 abuse education, and maintained by the district attorney in his or
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Req. No. 346 Page 21
1 her discretion for those purposes with a yearly accounting to the
1
2 board of county commissioners in whose county the fund is
2
3 established and to the District Attorneys Council; provided, one
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4 hundred percent (100%) of the balance of the proceeds of such sale
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5 of property forfeited due to nonpayment of a fine imposed pursuant
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6 to the provisions of Section 2-415 of this title shall be
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7 apportioned as provided in Section 2-416 of this title. The
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8 revolving fund shall be audited by the State Auditor and Inspector
8
9 at least every two (2) years in the manner provided in Section 171
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10 of Title 19 of the Oklahoma Statutes. Said The audit shall include,
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11 but not be limited to, a compliance audit. A district attorney may
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12 enter into agreements with municipal, tribal, county or state
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13 agencies to return to such an agency a percentage of proceeds of the
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14 sale of any property seized by the agency and forfeited under the
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15 provisions of this section. The District Attorneys Council shall
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16 adopt guidelines which ensure that such agencies receive a
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17 reasonable percentage of such proceeds, considering the relative
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18 contribution of each agency to the drug enforcement and prosecution
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19 operations relating to the seizure. In formulating said the
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20 guidelines, the District Attorneys Council shall examine federal
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21 guidelines on asset distribution and use said the guidelines as a
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22 basis for establishing guidelines for this state. The Attorney
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23 General is hereby authorized to mediate disputes between district
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24 attorneys and such agencies concerning the application of said the
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Req. No. 346 Page 22
1 guidelines in particular instances. Any agency that receives
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2 proceeds from an asset distribution shall maintain a true and
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3 accurate record of all such assets.
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4 M. Whenever any vehicle, airplane or vessel is forfeited under
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5 the Uniform Controlled Dangerous Substances Act, the district court
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6 of jurisdiction may order that the vehicle, airplane or vessel
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7 seized may be retained by the state, county or city law enforcement
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8 agency which seized the vehicle, airplane or vessel for its official
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9 use.
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10 N. If the court finds that the state failed to satisfy the
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11 required showing provided for in subsection G of this section, the
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12 court shall order the property released to the owner or owners.
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13 O. Except as provided for in subsection Q of this section, a
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14 bona fide or innocent owner, lien holder, mortgagee or vendor that
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15 recovers property pursuant to this section shall not be liable for
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16 storage fees.
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17 P. Except as provided for in subsection Q of this section,
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18 storage fees shall be paid by the agency which is processing the
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19 seizure and forfeiture from funds generated by seizure and
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20 forfeiture actions.
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21 Q. The bona fide or innocent owner, lien holder, mortgagee or
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22 vendor shall reclaim subject seized property within thirty (30) days
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23 of written notice from the seizing agency. If such person fails to
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1 reclaim the property within the thirty-day time period, then storage
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2 fees may be assessed against their secured interest.
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3 R. 1. At any hearing held relevant to this section, a report
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4 of the findings of the laboratory of the Oklahoma State Bureau of
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5 Investigation, the medical examiner's report of investigation or
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6 autopsy report, or a laboratory report from a forensic laboratory
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7 operated by the State of Oklahoma or any political subdivision
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8 thereof, which has been made available to the accused by the office
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9 of the district attorney or other party to the forfeiture at least
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10 five (5) days prior to the hearing, with reference to all or part of
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11 the evidence submitted, when certified as correct by the persons
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12 making the report shall be received as evidence of the facts and
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13 findings stated, if relevant and otherwise admissible in evidence.
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14 If such report is deemed relevant by the forfeiture applicant or the
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15 respondent, the court shall admit such report without the testimony
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16 of the person making the report, unless the court, pursuant to this
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17 subsection, orders such person to appear.
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18 2. When any alleged controlled dangerous substance has been
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19 submitted to the laboratory of the OSBI for analysis, and such
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20 analysis shows that the submitted material is a controlled dangerous
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21 substance, the distribution of which constitutes a felony under the
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22 laws of this state, no portion of such substance shall be released
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23 to any other person or laboratory except to the criminal justice
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24 agency originally submitting the substance to the OSBI for analysis,
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1 absent an order of a district court. The defendant shall
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2 additionally be required to submit to the court a procedure for
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3 transfer and analysis of the subject material to ensure the
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4 integrity of the sample and to prevent the material from being used
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5 in any illegal manner.
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6 3. The court, upon motion of either party, shall order the
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7 attendance of any person preparing a report submitted as evidence in
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8 the hearing when it appears there is a substantial likelihood that
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9 material evidence not contained in said the report may be produced
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10 by the testimony of any person having prepared a report. The
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11 hearing shall be held and, if sustained, an order issued not less
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12 than five (5) days prior to the time when the testimony shall be
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13 required.
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14 4. If within five (5) days prior to the hearing or during a
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15 hearing, a motion is made pursuant to this section requiring a
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16 person having prepared a report to testify, the court may hear a
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17 report or other evidence but shall continue the hearing until such
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18 time notice of the motion and hearing is given to the person making
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19 the report, the motion is heard, and, if sustained, the testimony
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20 ordered can be given.
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21 S. In any forfeiture proceeding under this chapter in which the
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22 defendant or claimant prevails, the court may order the plaintiff
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23 processing the seizure and forfeiture to pay from funds generated by
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24 seizure and forfeiture actions:
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1 1. Reasonable attorney fees and other litigation costs
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2 reasonably incurred by the defendant or claimant directly related to
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3 the claim on which the defendant or claimant prevailed;
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4 2. Postjudgment interest; and
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5 3. In cases involving currency or other negotiable instruments:
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6 a. interest actually paid to the state from the date of
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7 seizure or arrest of the property that resulted from
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8 the investment of the property in an interest-bearing
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9 account or instrument, and
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10 b. an imputed amount of interest that such currency,
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11 instruments, or proceeds would have earned at the rate
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12 applicable to the thirty-day Treasury Bill, for any
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13 period during which no interest was paid, not
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14 including any period when the property reasonably was
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15 in use as evidence in an official proceeding or in
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16 conducting scientific tests for the purpose of
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17 collecting evidence, commencing fifteen (15) days
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18 after the property was seized by a law enforcement
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19 agency or was turned over to a law enforcement agency
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20 by a federal law enforcement authority.
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21 T. Any law enforcement agency seizing property pursuant to this
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22 section shall electronically submit an annual report by February 1
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23 of each year identifying the property seized and the disposition of
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24 such property to the Governor, the President Pro Tempore of the
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Req. No. 346 Page 26
1 Senate, the Speaker of the House of Representatives, and the Office
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2 of the State Auditor and Inspector. All reports and data submitted
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3 pursuant to this subsection shall be published on the data.ok.gov
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4 website.
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5 SECTION 3. This act shall become effective November 1, 2025.
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7 60-1-346 TEK 1/19/2025 5:39:36 AM
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Req. No. 346 Page 27Every fact on this page links to its source, starting with the official bill record.