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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 65 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to controlled dangerous substances;
7 amending 63 O.S. 2021, Sections 2-315 and 2-508,
8 which relate to destruction of controlled dangerous
8 substances and disposition of seized property;
9 authorizing destruction of controlled dangerous
9 substances by certain individuals; removing
10 requirement for submission to destroy controlled
10 dangerous substances; removing incineration
11 requirement; requiring destruction of controlled
11 dangerous substances be in compliance with certain
12 federal regulations; removing requirement for certain
12 site; updating statutory language; updating statutory
13 references; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-315, is
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18 amended to read as follows:
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19 Section 2-315. A. Except as otherwise provided by law, any
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20 person required to obtain an annual registration pursuant to Section
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21 2-302 of this title, or any group home, or residential care home as
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22 defined by Section 1-820 of this title shall submit for destruction
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23 destroy all controlled dangerous substances which are out of date,
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1 which are unwanted, or unused or which are abandoned by their owner
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2 at their facility due to death or other circumstances.
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3 B. All controlled dangerous substances described in subsection
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4 A of this section shall be submitted to the Oklahoma City laboratory
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5 of the Oklahoma State Bureau of Investigation, along with all
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6 required information on forms provided by the Oklahoma State Bureau
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7 of Investigation, to the federal Drug Enforcement Administration, to
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8 a duly registered reverse distributor, to the original registered
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9 supplier or their registered agent, to a duly registered retail
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10 pharmacy, or to a hospital or clinic with an on-site pharmacy
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11 destroyed pursuant to the rules set forth in 21 C.F.R. Part 1317 of
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12 Title 21 of the Code of Federal Regulations. When any such
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13 substance is transported by private contract or common carrier or
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14 United States Postal Service for the purpose of destruction, the
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15 sender shall require a receipt from such private contract or common
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16 carrier or United States Postal Service, and such receipt shall be
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17 retained as a permanent record by the sender.
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18 C. Controlled dangerous substances submitted to the Oklahoma
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19 State Bureau of Investigation pursuant to the provisions of this
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20 section shall be destroyed pursuant to the procedures provided in
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21 subsection A of Section 2-508 of this title.
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22 Controlled dangerous substances submitted to any distributors,
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23 reverse distributors, or their original registered suppliers
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24 pursuant to the provisions of this section shall be destroyed by
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1 incineration so as to make the substance absolutely unusable for
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2 human purposes pursuant to the rules set forth in 21 C.F.R. Part
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3 1317. An official record listing the property destroyed, the
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4 location of destruction and disposal, and the name and title of the
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5 person supervising the destruction and disposal shall be submitted
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6 to the Oklahoma State Bureau of Narcotics and Dangerous Drugs
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7 Control and the federal Drug Enforcement Administration office
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8 located nearest the destruction site.
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9 D. The Office of the Chief Medical Examiner is hereby
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10 authorized to perform on-site incineration destruction of all
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11 controlled dangerous substances which are obtained in the discharge
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12 of the official duties of the Chief Medical Examiner. The
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13 controlled dangerous substances shall be destroyed pursuant to 21
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14 C.F.R. Part 1317. Any record relating to destruction of a
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15 controlled dangerous substance shall be maintained as required by
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16 the state or federal government and shall be available for
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17 inspection by appropriate state or federal government regulatory
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18 agencies.
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19 E. This section shall constitute a part of the Uniform
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20 Controlled Dangerous Substances Act.
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21 SECTION 2. AMENDATORY 63 O.S. 2021, Section 2-508, is
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22 amended to read as follows:
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23 Section 2-508. A. Except as otherwise provided, all property
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24 described in paragraphs 1 and 2 of subsection A of Section 2-503 of
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1 this title which is seized or surrendered pursuant to the provisions
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2 of the Uniform Controlled Dangerous Substances Act shall be
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3 destroyed pursuant to 21 C.F.R. Part 1317. The destruction shall be
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4 done by or at the direction of the Oklahoma State Bureau of
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5 Narcotics and Dangerous Drugs Control (OSBNDD), who shall have the
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6 discretion prior to destruction to preserve samples of the substance
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7 for testing. In any county with a population of four hundred
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8 thousand (400,000) or more according to the latest Federal Decennial
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9 Census, there shall be a located site, approved by the OSBNDD, for
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10 the destruction of the property. Any such property submitted to the
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11 OSBNDD which it deems to be of use for investigative training, or
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12 educational, or analytical purposes may be retained by the OSBNDD in
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13 lieu of destruction.
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14 B. 1. With respect to controlled dangerous substances seized
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15 or surrendered pursuant to the provisions of the Uniform Controlled
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16 Dangerous Substances Act, municipal police departments, sheriffs,
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17 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
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18 Commission, the Oklahoma Highway Patrol, and the Oklahoma State
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19 Bureau of Investigation shall have the authority to destroy seized
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20 controlled dangerous substances when the amount seized in a single
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21 incident exceeds ten (10) pounds. The destroying agency shall:
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22 a. photograph the seized substance with identifying case
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23 numbers or other means of identification,
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1 b. prepare a report describing the seized substance prior
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2 to the destruction,
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3 c. retain at least one (1) pound of the substance
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4 randomly selected from the seized substance for the
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5 purpose of evidence, and
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6 d. obtain and retain samples of the substance from enough
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7 containers, bales, bricks, or other units of substance
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8 seized to establish the presence of a weight of the
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9 substance necessary to establish a violation of the
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10 Trafficking in Illegal Drugs Act pursuant to
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11 subsection C of Section 2-415 of this title, if such a
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12 weight is present. If such weight is not present,
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13 samples of the substance from each container, bale,
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14 brick, or other unit of substance seized shall be
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15 taken. Each sample taken pursuant to this section
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16 shall be large enough for the destroying agency and
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17 the defendant or suspect to have an independent test
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18 performed on the substance for purposes of
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19 identification.
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20 2. If a defendant or suspect is known to the destroying agency,
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21 the destroying agency shall give at least seven (7) days' written
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22 notice to the defendant, suspect, or counsel for the defendant or
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23 suspect of:
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1 a. the date, the time, and the place where the
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2 photographing will take place and notice of the right
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3 to attend the photographing, and
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4 b. the right to obtain samples of the controlled
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5 dangerous substance for independent testing and use as
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6 evidence.
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7 3. The written notice shall also inform the defendant, suspect,
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8 or counsel for the defendant or suspect that the destroying agency
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9 must be notified in writing within seven (7) days from receipt of
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10 the notice of the intent of the suspect or defendant to obtain
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11 random samples and make arrangements for the taking of samples. The
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12 samples for the defendant or suspect must be taken by a person
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13 licensed by the Drug Enforcement Administration. If the defendant
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14 or counsel for the defendant fails to notify the destroying agency
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15 in writing of an intent to obtain samples and fails to make
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16 arrangements for the taking of samples, a sample taken pursuant to
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17 subparagraph d of paragraph 1 of this subsection shall be made
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18 available upon request of the defendant or suspect.
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19 The representative samples, the photographs, the reports, and
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20 the records made under this section and properly identified shall be
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21 admissible in any court or administrative proceeding for any
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22 purposes for which the seized substance itself would have been
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23 admissible.
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1 C. All other property not otherwise provided for in the Uniform
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2 Controlled Dangerous Substances Act which has come into the
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3 possession of the Oklahoma State Bureau of Narcotics and Dangerous
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4 Drugs Control, the Department of Public Safety, the Oklahoma State
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5 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
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6 Commission, the Department of Corrections, the Office of the
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7 Attorney General, or a district attorney may be disposed of by order
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8 of the district court when no longer needed in connection with any
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9 litigation. If the owner of the property is unknown to the agency
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10 or district attorney, the agency or district attorney shall hold the
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11 property for at least six (6) months prior to filing a petition for
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12 disposal with the district court except for laboratory equipment
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13 which may be forfeited when no longer needed in connection with
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14 litigation, unless the property is perishable. The Director
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15 director or Commissioner commissioner of the agency, the Attorney
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16 General, or district attorney shall file a petition in the district
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17 court of Oklahoma County or in the case of a district attorney, the
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18 petition shall be filed in a county within the jurisdiction of the
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19 district attorney requesting the authority to:
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20 1. Conduct a sale of the property at a public auction or use an
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21 Internet auction, which may include online bidding; or
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22 2. Convert title of the property to the Oklahoma State Bureau
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23 of Narcotics and Dangerous Drugs Control, the Department of Public
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24 Safety, the Oklahoma State Bureau of Investigation, the Alcoholic
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1 Beverage Laws Enforcement Commission, the Department of Corrections,
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2 the Office of the Attorney General, or to the district attorney's
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3 office for the purposes provided for in subsection J, K, or L of
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4 this section.
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5 The Director director, Commissioner commissioner, Attorney
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6 General or district attorney shall attach to the petition:
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7 a. a list describing the property, including all
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8 identifying numbers and marks, if any,
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9 b. the date the property came into the possession of the
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10 agency or district attorney, and
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11 c. the name and address of the owner, if known.
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12 For any item having an apparent value in excess of One Hundred
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13 Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the
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14 notice of the hearing of the petition for the sale of the property,
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15 except laboratory equipment used in the processing, manufacturing,
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16 or compounding of controlled dangerous substances in violation of
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17 the provisions of the Uniform Controlled Dangerous Substances Act,
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18 shall be given to every known owner, as set forth in the petition,
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19 by first-class mail to the last-known address of the owner at least
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20 ten (10) days prior to the date of the hearing. An affidavit of
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21 notice being sent shall be filed with the court by a representative
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22 of the agency, the Director or Commissioner of the agency, the
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23 Attorney General, or district attorney. For items in excess of Five
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24 Hundred Dollars ($500.00), a notice of the hearing of the petition
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1 for the sale of said such property shall be delivered to every known
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2 owner as set forth in the petition by certified mail. Notice of a
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3 hearing on a petition for forfeiture or sale of laboratory equipment
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4 used in the processing, manufacturing, or compounding of controlled
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5 dangerous substances in violation of the Uniform Controlled
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6 Dangerous Substances Act shall not be required.
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7 The notice shall contain a brief description of the property,
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8 and the location and date of the hearing. In addition, notice of
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9 the hearing shall be posted in three public places in the county,
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10 one such place being the county courthouse at the regular place
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11 assigned for the posting of legal notices. At the hearing, if no
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12 owner appears and establishes ownership of the property, the court
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13 may enter an order authorizing the Director, Commissioner, Attorney
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14 General, or district attorney to donate the property pursuant to
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15 subsection J, K, or L of this section,; to sell the property at a
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16 public auction, including an Internet auction, which may include
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17 online bidding, to the highest bidder,; or to convert title of the
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18 property to the Oklahoma State Bureau of Narcotics and Dangerous
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19 Drugs Control, the Department of Public Safety, the Oklahoma State
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20 Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
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21 Commission, the Department of Corrections, or the Office of the
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22 Attorney General for the purposes provided for in subsection J, K,
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23 or L of this section after at least ten (10) days of notice has been
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24 given by publication in one issue of a legal newspaper of the
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1 county. If the property is offered for sale at public auction,
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2 including an Internet auction, and no bid is received that exceeds
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3 fifty percent (50%) of the value of the property, such value to be
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4 announced prior to the sale, the Director, Commissioner, Attorney
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5 General, or district attorney may refuse to sell the item pursuant
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6 to any bid received. The Director, Commissioner, Attorney General,
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7 or district attorney shall make a return of the sale and, when
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8 confirmed by the court, the order confirming the sale shall vest in
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9 the purchaser title to the property so purchased.
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10 D. The money received from the sale of property by the Oklahoma
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11 State Bureau of Narcotics and Dangerous Drugs Control shall be used
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12 for general drug enforcement purposes. These funds shall be
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13 transferred to the Bureau of Narcotics Revolving Fund established
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14 pursuant to Section 2-107 of this title or in the case of a district
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15 attorney, the revolving fund provided for in paragraph 3 of
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16 subsection L of Section 2-506 of this title.
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17 E. At the request of the Department of Public Safety, the
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18 district attorney or a designee of the district attorney may conduct
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19 any forfeiture proceedings as described in Section 2-503 of this
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20 title on any property subject to forfeiture as described in
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21 subsection A, B, or C of Section 2-503 of this title. The money
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22 received from the sale of property by the Department of Public
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23 Safety shall be deposited in the Department of Public Safety
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1 Restricted Revolving Fund and shall be expended for law enforcement
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2 purposes.
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3 F. The money received from the sale of property by the
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4 Alcoholic Beverage Laws Enforcement Commission shall be deposited in
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5 the General Revenue Fund of the state.
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6 G. The money received from the sale of property from the
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7 Oklahoma State Bureau of Investigation shall be deposited in the
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8 OSBI Revolving Fund and shall be expended for law enforcement
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9 purposes.
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10 H. The Director of the Department of Corrections shall make a
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11 return of the sale and when confirmed by the court, the order
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12 confirming the sale shall vest in the purchaser title to the
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13 property so purchased. Twenty-five percent (25%) of the money
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14 received from the sale shall be disbursed to a revolving fund in the
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15 office of the county treasurer of the county wherein the property
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16 was seized, said such fund to be used as a revolving fund solely for
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17 enforcement of controlled dangerous substances laws, drug abuse
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18 prevention, and drug abuse education. The remaining seventy-five
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19 percent (75%) shall be deposited in the Department of Corrections
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20 Revolving Fund to be expended for equipment for probation and parole
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21 officers and correctional officers.
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22 I. The money received from the sale of property from the Office
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23 of the Attorney General shall be deposited in the Attorney General
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24 Law Enforcement Revolving Fund and shall be expended for law
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1 enforcement purposes. The Office of the Attorney General may enter
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2 into agreements with municipal, county, or state agencies to return
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3 to such an agency a percentage of proceeds of the sale of any
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4 property seized by the agency and forfeited under the provisions of
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5 this section.
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6 J. Any property, including but not limited to uncontaminated
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7 laboratory equipment used in the processing, manufacturing, or
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8 compounding of controlled dangerous substances in violation of the
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9 provisions of the Uniform Controlled Dangerous Substances Act, upon
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10 a court order, may be donated for classroom or laboratory use by the
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11 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
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12 Department of Public Safety, district attorney, the Alcoholic
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13 Beverage Laws Enforcement Commission, the Department of Corrections,
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14 or the Office of the Attorney General to any public secondary school
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15 or technology center school in this state or any institution of
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16 higher education within The Oklahoma State System of Higher
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17 Education.
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18 K. Any vehicle or firearm which has come into the possession
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19 and title vested in the Oklahoma State Bureau of Narcotics and
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20 Dangerous Drugs Control, the Department of Public Safety, the
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21 Oklahoma State Bureau of Investigation, the Office of the Attorney
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22 General, or a district attorney, may be transferred, donated, or
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23 offered for lease to any sheriff's office, tribal law enforcement
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24 agency, campus police department pursuant to the provisions of the
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1 Oklahoma Campus Security Act, or police department in this state on
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2 an annual basis to assist with the enforcement of the provisions of
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3 the Uniform Controlled Dangerous Substances Act. Each agency shall
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4 promulgate rules, regulations, and procedures for leasing vehicles
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5 and firearms. No fully automatic weapons will be subject to the
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6 leasing agreement. All firearms leased may be utilized only by
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7 C.L.E.E.T.-certified CLEET-certified officers who have received
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8 training in the type and class of weapon leased. Every lessee shall
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9 be required to submit an annual report to the leasing agency stating
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10 the condition of all leased property. A lease agreement may be
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11 renewed annually at the option of the leasing agency. Upon
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12 termination of a lease agreement, the property shall be returned to
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13 the leasing agency for sale or other disposition. All funds derived
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14 from lease agreements or other disposition of property no longer
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15 useful to law enforcement shall be deposited in the agency's
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16 revolving fund, or in the case of the Department of Public Safety,
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17 the Department of Public Safety Restricted Revolving Fund, and shall
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18 be expended for law enforcement purposes.
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19 L. Before disposing of any property pursuant to subsections C
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20 through I of this section, the Oklahoma State Bureau of Narcotics
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21 and Dangerous Drugs Control, the Department of Public Safety, the
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22 Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State
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23 Bureau of Investigation, the Department of Corrections, the Office
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24 of the Attorney General, or a district attorney may transfer or
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1 donate the property to another state agency, tribal law enforcement
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2 agency, or school district for use upon request. In addition to the
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3 provisions of this section, the Oklahoma State Bureau of Narcotics
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4 and Dangerous Drugs Control may transfer or donate property for any
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5 purpose pursuant to Section 2-106.2 of this title. The agencies and
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6 any district attorney that are parties to any transfer of property
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7 pursuant to this subsection shall enter into written agreements to
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8 carry out any such transfer of property. Any such agreement may
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9 also provide for the granting of title to any property being
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10 transferred as the parties deem appropriate. If the transfer of
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11 property is to a school district, a written agreement shall be
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12 entered into with the superintendent of the school district. No
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13 weapons may be transferred to a school district except as provided
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14 for in subsection K of this section.
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15 SECTION 3. This act shall become effective November 1, 2025.
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17 60-1-688 CN 1/19/2025 5:40:42 AM
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Req. No. 688 Page 14Every fact on this page links to its source, starting with the official bill record.