{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-11-902b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-11-902b","heading":"Forfeiture of motor vehicle","body":"A. The district attorney may file a motion requesting\n\nforfeiture of the motor vehicle involved in the commission of an\n\neligible offense as provided in this section. The provisions of\n\nthis section shall apply to:\n\n1. Any person who has been previously convicted of an offense\n\nunder Section 11-902, 11-903, or 11-904 of this title and who on or\n\nafter July 1, 1999, is convicted of an offense under Section 11-902,\n\n11-903, or 11-904 of this title within ten (10) years of any prior\n\nconviction under Section 11-902, 11-903, or 11-904 of this title and\n\nwhere at least one of the offenses, current or prior, involved the\n\ndeath of or serious bodily injury to another person; or\n\n2. Any person who has been convicted of a third or subsequent\n\nfelony offense under Section 11-902 of this title.\n\nB. A motion for forfeiture may be filed at the time of charging\n\nbut not later than thirty (30) days after the verdict or plea of\n\nguilty or nolo contendere. If a motion of intent to forfeit is\n\nfiled prior to the verdict or plea of guilty or nolo contendere, the\n\nproceedings shall be stayed until the disposition of the criminal\n\ncase. Notice shall be required even though the proceedings are\n\nstayed. If the motion is filed prior to the disposition on the\n\ncriminal case, the district attorney shall notify the Oklahoma Tax\n\nCommission and the Tax Commission shall place a lien upon the\n\nvehicle title. No person shall sell, damage, destroy, transfer or\n\nperfect a security interest on any vehicle subject to forfeiture.\n\nPrior to filing a motion for forfeiture, the district attorney shall\n\nverify whether the vehicle was sold during any period of impoundment\n\nas provided by law. Any vehicle sold in an impound sale to pay\n\ntowing, wrecker services or storage expenses shall not be subject to\n\nforfeiture as provided in this section.\n\nC. Upon filing a motion for forfeiture, except when the\n\nproceedings are stayed pursuant to subsection B of this section, the\n\ncourt shall schedule a hearing on the matter. The hearing shall be\n\nnot less than twenty (20) days nor more than forty-five (45) days\n\nfrom the date the motion is filed. The district attorney within\n\nthree (3) days of filing a motion of intent to forfeit shall notify\n\nthe convicted person, lienholders of record, and any person\n\nappearing to have an ownership or security interest in the vehicle.\n\nThe notice shall contain the date, time and place of the hearing.\n\nWhen a motion for forfeiture has been stayed pending disposition of\n\nthe criminal case and a verdict or plea of guilty or nolo contendere\n\nhas been entered, the district attorney shall give notice of the\n\nforfeiture hearing not less than ten (10) days prior to the hearing.\n\nThe notice of persons specified in this subsection shall be by\n\ncertified mail to the address shown upon the records of the Oklahoma\n\nTax Commission. For owners or interested parties, other than\n\nlienholders of record, whose addresses are unknown, but who are\n\nbelieved to have an interest in the vehicle, notice shall be by one\n\npublication in a newspaper of general circulation in the county\n\nwhere the motion is filed. The written notice shall include:\n\n1. A full description of the motor vehicle;\n\n2. The date, time and place of the forfeiture hearing;\n\n3. The legal authority under which the motor vehicle may be\n\nforfeited; and\n\n4. Notice of the right to intervene to protect an interest in\n\nthe motor vehicle.\n\nD. A forfeiture proceeding shall not extinguish any security\n\ninterest of a lienholder of record; provided, however, the court may\n\norder the sale of the motor vehicle and the satisfaction of that\n\nsecurity interest from the proceeds of sale as provided in\n\nsubsection K of this section.\n\nFor purposes of a forfeiture proceeding, an affidavit obtained\n\nfrom the lienholder of record, in the absence of evidence of bad\nroceeding shall not extinguish any security\n\ninterest of a lienholder of record; provided, however, the court may\n\norder the sale of the motor vehicle and the satisfaction of that\n\nsecurity interest from the proceeds of sale as provided in\n\nsubsection K of this section.\n\nFor purposes of a forfeiture proceeding, an affidavit obtained\n\nfrom the lienholder of record, in the absence of evidence of bad\n\nfaith, shall be prima facie evidence of the amount of secured\n\nindebtedness owed to that lienholder. It shall be the\n\nresponsibility of the district attorney to obtain such affidavit\n\nprior to the forfeiture proceeding.\n\nIn the absence of evidence of bad faith, no lienholder of record\n\nshall be required to attend the forfeiture proceeding to protect its\n\ninterest in the motor vehicle. However, each lienholder of record\n\nshall be given notice of the forfeiture hearing as provided in\n\nsubsection C of this section. The district attorney shall notify\n\neach lienholder of record at least ten (10) days before the sale of\n\nthe motor vehicle ordered forfeited pursuant to this section;\n\nprovided, the lienholder was not represented at the forfeiture\n\nproceeding.\n\nE. Any person having an ownership or security interest in a\n\nvehicle subject to forfeiture which is not perfected by a lien of\n\nrecord may file a written objection to the motion to forfeit within\n\nten (10) days of the mailing of the notice of intent to forfeit.\n\nF. At the hearing, any person who claims an ownership or\n\nsecurity interest in the motor vehicle which is not perfected by a\n\nlien of record shall be required to establish by a preponderance of\n\nthe evidence that:\n\n1. The person has an interest in the motor vehicle and such\n\ninterest was acquired in good faith;\n\n2. The person is not the person convicted of the offense that\n\nresulted in the forfeiture proceeding; and\n\n3. The person did not know or have reasonable cause to believe\n\nthat the vehicle would be used in the commission of a felony\n\noffense.\n\nG. If a person satisfies the requirements of subsection F of\n\nthis section, or if there is a lienholder of record that has\n\nprovided an affidavit pursuant to subsection D of this section, the\n\ncourt shall order either an amount equal to the value of the\n\ninterest of that person in the motor vehicle to be paid to that\n\nperson upon sale of the motor vehicle after payment of costs and\n\nexpenses or release the vehicle from the forfeiture proceedings if\n\neither the lienholder described in subsection D of this section or\n\nthe person intervening in accordance with subsection F of this\n\nsection has full right, title and interest in the vehicle.\n\nH. At the hearing, the court may order the forfeiture of the\n\nmotor vehicle if it is determined by a preponderance of the evidence\n\nthat the forfeiture of the motor vehicle will serve one or more of\n\nthe following purposes:\n\n1. Incapacitation of the convicted person from the commission\n\nof any future offense under Section 11-902, 11-903, or 11-904 of\n\nthis title;\n\n2. Protection of the safety and welfare of the public;\n\n3. Deterrence of other persons who are potential offenders\n\nunder Section 11-902, 11-903, or 11-904 of this title;\n\n4. Expression of public condemnation of the serious or\n\naggravated nature of the conduct of the convicted person; or\n\n5. Satisfaction of monetary amounts for criminal penalties.\n\nI. Upon forfeiture of a motor vehicle pursuant to this act, the\n\ncourt shall require the owner to surrender the motor vehicle, the\n\ncertificate of title, and the registration of the motor vehicle.\n\nThe vehicle, the certificate of title, and the registration shall be\n\ndelivered to the Department of Public Safety within three (3) days\n\nof the forfeiture order. The expense of delivering the vehicle\n\nshall be paid by the district attorney. Costs of delivering the\n\nvehicle to the Department shall be reimbursable as costs of\n\nconducting the sale. A motor vehicle forfeited pursuant to this\nehicle.\n\nThe vehicle, the certificate of title, and the registration shall be\n\ndelivered to the Department of Public Safety within three (3) days\n\nof the forfeiture order. The expense of delivering the vehicle\n\nshall be paid by the district attorney. Costs of delivering the\n\nvehicle to the Department shall be reimbursable as costs of\n\nconducting the sale. A motor vehicle forfeited pursuant to this\n\nact, shall be sold by the Department of Public Safety as provided by\n\nlaw for the sale of other forfeited property, except as otherwise\n\nprovided in this section.\n\nJ. If a vehicle was impounded at the time of delivery to the\n\nDepartment and a forfeiture order is subsequently issued, all\n\ntowing, wrecker services, and storage expenses shall be satisfied\n\nfrom the sale of the vehicle. If a vehicle is released from\n\nforfeiture and the vehicle has been delivered to the Department with\n\nimpound expenses still owing, all impound expenses, including\n\ntowing, wrecker service and storage expenses, shall be paid by the\n\nperson prevailing on the dismissal of the forfeiture proceeding and\n\nthe release of the vehicle to such person. If a notice for sale of\n\nthe vehicle was filed for satisfaction of impound expenses prior to\n\nthe filing of a motion for forfeiture, the vehicle shall be sold as\n\nprovided by law for unpaid towing, wrecker services, and storage\n\nexpenses and shall not be subject to forfeiture. If the convicted\n\nperson redeems his or her interest in the vehicle at a sale for\n\nimpound expenses, a forfeiture proceeding may thereafter proceed as\n\nauthorized by this act. Neither the notice of sale for towing,\n\nwrecker services, and storage expenses nor the sale of such vehicle\n\nfor impound expenses shall serve to extend the requirement for\n\nfiling a motion to forfeit as provided in subsection B of this\n\nsection.\n\nK. Except as provided in subsection J of this section, proceeds\n\nfrom the sale of any vehicle forfeited pursuant to this act shall be\n\npaid in the following order:\n\n1. To satisfy the interest of any lienholder of record;\n\n2. To the Department of Public Safety for the cost of\n\nconducting the sale, including expense of delivery, court filing\n\nfees, and publication expense;\n\n3. To satisfy impound expenses, including any towing, wrecker\n\nservice and storage expenses incurred prior to delivery to the\n\nDepartment of Public Safety;\n\n4. To satisfy the interest of any person making proof as\n\nprovided in subsection F of this section;\n\n5. To satisfy criminal penalties, costs and assessments\n\npursuant to paragraph 5 of subsection H of this section if so\n\nordered by the court;\n\n6. To the office of the district attorney who filed the\n\nforfeiture proceeding not exceeding twenty-five percent (25%) of any\n\nremaining proceeds. Such payment shall be deposited in a special\n\nfund for such purpose as determined by the district attorney's\n\noffice; and\n\n7. The balance of the proceeds to be deposited in the Drug\n\nAbuse Education and Treatment Revolving Fund established pursuant to\n\nSection 2-503.2 of Title 63 of the Oklahoma Statutes for the benefit\n\nof drug court treatment as provided by law.\n\nL. If a motor vehicle subject to forfeiture as provided by this\n\nact is a vehicle leased pursuant to a commercial rental agreement\n\nfor a period of ninety (90) days or less, then the vehicle shall not\n\nbe subject to the forfeiture proceedings provided by this act.\n\nM. Upon the court dismissing a forfeiture proceeding, any lien\n\nplaced upon the vehicle title by the Oklahoma Tax Commission\n\npursuant to subsection B of this section shall be released.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d048f7730218e9c1a631e65da544e11989b4dd5b790f72962793eb39810d8b72","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-11-902a","next":"us-ok/okla.-stat.-tit.-47-47-11-902c"},"notice":"GroundRules: Original legal text. Not legal advice."}