{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1327","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1327","heading":"Disposition of exhibits","body":"A. All exhibits which have been introduced, filed, or held in\n\ncustody of the state in any criminal action or proceeding may be\n\ndisposed of as provided for in this section.\n\nB. The court may, on application of the party entitled thereto,\n\nor an agent designated in writing by the owner, order all such\n\nexhibits, other than documentary exhibits, as may be released from\n\nthe custody of the court or the state, without prejudice to the\n\nstate, delivered to such party at any time after the final\n\ndetermination of the action or proceedings; provided, however, where\n\nthe action or proceeding has resulted in an order granting\n\nprobation, such delivery may be made any time after the final\n\ndetermination of an appeal of such order, or after the time for such\n\nappeal has elapsed. Provided, further, if the owner of such exhibit\n\nis the victim of the offense for which such exhibit is held, said\n\nowner may make application to the court at any time prior to the\n\nfinal disposition of the action or proceeding for the return of the\n\nexhibit. The applicant shall notify the last person in possession\n\nof such exhibit prior to such exhibit being seized by the state of\n\nthe hearing by mailing a copy of the notice by certified mail return\n\nreceipt requested at the last-known address of such person, unless\n\nsuch person has signed a nonownership affidavit pursuant to Section\n\n1321 of this title disclaiming any ownership rights to such exhibit.\n\nIf the last person in possession of the property is unable to be\n\nserved notice by said certified mail, notice shall be provided by\n\none publication in a newspaper of general circulation in the county\n\nwhere the property is held in custody. The applicant shall notify\n\nthe district attorney and the court when notice has been served to\n\nthe last person in possession of such property or published pursuant\n\nto this section. The hearing shall be held not less than ten (10)\n\ndays or more than twenty (20) days after the court has been notified\n\nthat the notice has been served or published. In the event the\n\ncourt orders the release of said exhibit to the owner, the district\n\nattorney shall photograph or mark said exhibit with an\n\nidentification number and return the exhibit to the owner within ten\n\n(10) days of the court order. The court may authorize ten (10) days\n\nadditional time for the return of such exhibit if the district\n\nattorney shows cause that additional time is needed to photograph or\n\nmark such exhibit. Such photograph or marked exhibit may be\n\npresented as the exhibit in any further action or proceeding. If\n\nthe party entitled to such exhibits is unknown, or fails to apply\n\nfor the return of such exhibits, the procedure for their disposition\n\nshall be as follows:\n\n1. After the expiration of six (6) months from the time the\n\nconviction becomes final, or if the action or proceeding has not\n\nresulted in a conviction, at any time after the judgment has become\n\nfinal, the court in which the case was tried shall make an order\n\nspecifying what exhibits may be released from the custody of the\n\ncourt without prejudice to the state. Upon receipt of such an\n\norder, the property shall be transferred to the county sheriff or\n\nother proper governmental agency for sale to the public. At least\n\nten (10) days prior to such sale, notice of the sale shall be sent\n\nby certified mail return receipt requested to the last person in\n\npossession of such exhibit prior to such exhibit being seized by the\n\nstate at the last-known address of such person. Upon satisfactory\n\nproof being provided to the county sheriff or other proper\n\ngovernmental agency holding the transferred exhibit that the last\n\nperson in possession of such exhibit was a lawful possessor, the\n\nexhibit shall be released to the last person in possession of such\n\nexhibit;\n\n2. At any time prior to the time fixed for the transfer, the\nsfactory\n\nproof being provided to the county sheriff or other proper\n\ngovernmental agency holding the transferred exhibit that the last\n\nperson in possession of such exhibit was a lawful possessor, the\n\nexhibit shall be released to the last person in possession of such\n\nexhibit;\n\n2. At any time prior to the time fixed for the transfer, the\n\nowner or any person entitled to the possession of any of such\n\nexhibits may obtain from the court an order returning them to him;\n\n3. Articles not returned to their owners or to persons entitled\n\nto their possession at or prior to the time set for the transfer\n\nshall be sold by the proper receiving agency for cash. The articles\n\nshall be sold singly or in combinations. The money received from\n\nsuch sales shall be placed in the appropriate fund of the\n\ngovernmental agency responsible for the sale;\n\n4. Where the exhibit consists of money or currency and is\n\nunclaimed at the time of the transfer, it shall not be transferred\n\nbut shall be immediately deposited in the appropriate fund of the\n\ngovernmental agency in possession of such property; and\n\n5. If any property is transferred to the county sheriff or\n\nother governmental agency pursuant to this section it may be sold in\n\nthe manner provided by law for the sale of surplus personal\n\nproperty. If the county sheriff or other proper governmental agency\n\ndetermines that any such property transferred to it for sale is\n\nneeded for a public use, such property may be retained by the agency\n\nand need not be sold.\n\nC. The court may, on application of the party entitled thereto,\n\nor an agent designated in writing by the owner, order such\n\ndocumentary exhibits as may be released from the custody of the\n\ncourt without prejudice to the state delivered to such party any\n\ntime after the final determination of the action or proceeding;\n\nprovided, however, where the action or proceeding has resulted in an\n\norder granting probation, such delivery may be made any time after\n\nthe final determination of an appeal of such order, or after the\n\ntime for such appeal has elapsed. Provided, further, if the owner\n\nof such exhibit is the victim of the offense for which such exhibit\n\nis held, said owner may make application to the court at any time\n\nprior to the final disposition of the action or proceeding for the\n\nreturn of the exhibit. The applicant shall notify the last person\n\nin possession of such exhibit prior to such exhibit being seized by\n\nthe state of the hearing by mailing a copy of the notice by\n\ncertified mail return receipt requested at the last-known address of\n\nsuch person, unless such person has signed a nonownership affidavit\n\npursuant to Section 1321 of this title disclaiming any ownership\n\nrights to such exhibit. If the last person in possession of the\n\nproperty is unable to be served notice by said certified mail,\n\nnotice shall be provided by one publication in a newspaper of\n\ngeneral circulation in the county where the property is held in\n\ncustody. The applicant shall notify the district attorney and the\n\ncourt when notice has been served to the last person in possession\n\nof such property or published pursuant to this section. The hearing\n\nshall be held not less than ten (10) days or more than twenty (20)\n\ndays after the court has been notified that the notice has been\n\nserved or published. In the event the court orders the release of\n\nsaid exhibit to the owner, the district attorney shall photograph or\n\nmark said exhibit with an identification number and return the\n\nexhibit to the owner within ten (10) days of the court order. The\n\ncourt may authorize ten (10) days additional time for the return of\n\nsuch exhibit if the district attorney shows cause that additional\n\ntime is needed to photograph or mark such exhibit. Such photograph\n\nor marked exhibit may be presented as the exhibit in any further\nmark said exhibit with an identification number and return the\n\nexhibit to the owner within ten (10) days of the court order. The\n\ncourt may authorize ten (10) days additional time for the return of\n\nsuch exhibit if the district attorney shows cause that additional\n\ntime is needed to photograph or mark such exhibit. Such photograph\n\nor marked exhibit may be presented as the exhibit in any further\n\naction or proceeding. If the party entitled to such documentary\n\nexhibits is unknown, or fails to apply for the return of said\n\nexhibits, the procedure for their disposition shall be as follows:\n\n1. After the expiration of six (6) months from the time the\n\nconviction becomes final, or if the action or proceeding has not\n\nresulted in a conviction, at any time after the judgment has become\n\nfinal, the court in which the case was tried shall make an order\n\nrequiring such exhibits to be destroyed; provided, that no such\n\norder shall be made authorizing the destruction of any documentary\n\nexhibit if the destruction of such exhibit would prejudice the\n\nstate;\n\n2. No exhibit shall be destroyed or otherwise disposed of until\n\nsixty (60) days after the clerk of the court has posted a notice\n\nconspicuously in three public places in the county, referring to the\n\norder for the disposition, describing briefly the exhibit, and\n\nindicating the date after which the exhibit will be destroyed or\n\notherwise disposed of.\n\nD. The provisions of subsection B of this section shall not\n\napply to any dangerous or deadly weapons, narcotic or poisonous\n\ndrugs, explosives, or any property of any kind or character\n\nwhatsoever the possession of which is prohibited by law. Any such\n\nproperty filed as an exhibit or held by the state shall be, by order\n\nof the trial court, destroyed or sold or otherwise disposed of under\n\nthe conditions prescribed in such order. This act shall not be\n\ninterpreted to authorize the return of any property, the possession\n\nof which is prohibited by law.\n\nE. The disposition of biological evidence, as defined by\n\nSection 1 of this act, shall be governed by Section 1 of this act.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4ec25782078650ad1232a56f1cfc373e31ea6013dbc0ad929a28361bf67e75b8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1326","next":"us-ok/okla.-stat.-tit.-22-22-133"},"notice":"GroundRules: Original legal text. Not legal advice."}