{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-506","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-506","heading":"Seizure of property - Notice of seizure and intended","body":"forfeiture proceeding - Verified answer and claim to property -\n\nHearing - Evidence and proof - Proceeds of sale.\n\nA. Any peace officer of this state shall seize the following\n\nproperty:\n\n1. Any property described in subsection A of Section 2-503 of\n\nthis title. Such property shall be held as evidence until a\n\nforfeiture has been declared or release ordered, except for property\n\ndescribed in paragraphs 1, 2 and 3 of subsection A of Section 2-503\n\nof this title, or in the case of money, coins, and currency,\n\ndeposited as provided in subsection E of Section 2-503 of this\n\ntitle; provided, any money, coins and currency taken or detained\n\npursuant to this section may be deposited in an interest-bearing\n\naccount by or at the direction of the district attorney in the\n\noffice of the county treasurer if the district attorney determines\n\nthe currency is not to be held as evidence. All interest earned on\n\nsuch monies shall be returned to the claimant or forfeited with the\n\nmoney, coins and currency which was taken or detained as provided by\n\nlaw;\n\n2. Any property described in subsection B of Section 2-503 of\n\nthis title; or\n\n3. Any property described in subsection C of Section 2-503 of\n\nthis title.\n\nB. Notice of seizure and intended forfeiture proceeding shall\n\nbe filed in the office of the clerk of the district court for the\n\ncounty wherein such property is seized and shall be given all owners\n\nand parties in interest. Notwithstanding any other provision of\n\nlaw, no filing fees shall be assessed by the court clerk for the\n\nfiling of any forfeiture action.\n\nC. Notice shall be given by the agency seeking forfeiture\n\naccording to one of the following methods:\n\n1. Upon each owner or party in interest whose right, title or\n\ninterest is of record in the Tax Commission, by mailing a copy of\n\nthe notice by certified mail to the address as given upon the\n\nrecords of the Tax Commission;\n\n2. Upon each owner or party in interest whose name and address\n\nis known to the attorney in the office of the agency prosecuting the\n\naction to recover unpaid fines, by mailing a copy of the notice by\n\nregistered mail to the last-known address; or\n\n3. Upon all other owners or interested parties, whose addresses\n\nare unknown, but who are believed to have an interest in the\n\nproperty, by one publication in a newspaper of general circulation\n\nin the county where the seizure was made.\n\nD. Within forty-five (45) days after the mailing or publication\n\nof the notice, the owner of the property and any other party in\n\ninterest or claimant may file a verified answer and claim to the\n\nproperty described in the notice of seizure and of the intended\n\nforfeiture proceeding.\n\nE. If at the end of forty-five (45) days after the notice has\n\nbeen mailed or published there is no verified answer on file, the\n\ncourt shall hear evidence upon the fact of the unlawful use and\n\nshall order the property forfeited to the state, if such fact is\n\nproved. Except as otherwise provided for in Section 2-503 of this\n\ntitle, any such property shall be forfeited to the state and sold\n\nunder judgment of the court pursuant to the provisions of Section 2-\n\n508 of this title.\n\nF. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing.\n\nG. At a hearing in a proceeding against property described in\n\nparagraphs 3 through 9 of subsection A or subsections B and C of\n\nSection 2-503 of this title, the requirements set forth in said\n\nparagraph or subsection, respectively, shall be satisfied by the\n\nstate by a preponderance of the evidence.\n\nH. The claimant of any right, title, or interest in the\n\nproperty may prove a lien, mortgage, or conditional sales contract\n\nto be a bona fide or innocent ownership interest and that such\n\nright, title, or interest was created without any knowledge or\n\nreason to believe that the property was being, or was to be, used\n\nfor the purpose charged.\nfied by the\n\nstate by a preponderance of the evidence.\n\nH. The claimant of any right, title, or interest in the\n\nproperty may prove a lien, mortgage, or conditional sales contract\n\nto be a bona fide or innocent ownership interest and that such\n\nright, title, or interest was created without any knowledge or\n\nreason to believe that the property was being, or was to be, used\n\nfor the purpose charged.\n\nI. In the event of such proof, the court shall order the\n\nproperty released to the bona fide or innocent owner, lien holder,\n\nmortgagee or vendor if the amount due him is equal to, or in excess\n\nof, the value of the property as of the date of the seizure, it\n\nbeing the intention of this section to forfeit only the right, title\n\nor interest of the purchaser.\n\nJ. If the amount due to such person is less than the value of\n\nthe property, or if no bona fide claim is established, the property\n\nshall be forfeited to the state and sold under judgment of the\n\ncourt, as provided for in Section 2-508 of this title, except as\n\notherwise provided for in Section 2-503 of this title.\n\nK. Property taken or detained under this section shall not be\n\nrepleviable, but shall be deemed to be in the custody of the office\n\nof the district attorney of the county wherein the property was\n\nseized, subject only to the orders and decrees of the court or the\n\nofficial having jurisdiction thereof; said official shall maintain a\n\ntrue and accurate inventory and record of all such property seized\n\nunder the provisions of this section. The provisions of this\n\nsubsection shall not apply to property taken or detained by the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control, the\n\nDepartment of Public Safety, the Oklahoma State Bureau of\n\nInvestigation, the Alcoholic Beverage Laws Enforcement Commission,\n\nthe Department of Corrections or the Office of the Attorney General.\n\nProperty taken or detained by the Oklahoma State Bureau of Narcotics\n\nand Dangerous Drugs Control, the Department of Public Safety, the\n\nOklahoma State Bureau of Investigation, the Alcoholic Beverage Laws\n\nEnforcement Commission, the Department of Corrections or the Office\n\nof the Attorney General shall be subject to the provisions of\n\nsubsections E and F of Section 2-503 of this title.\n\nL. The proceeds of the sale of any property not taken or\n\ndetained by the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Department of Public Safety, the Oklahoma State\n\nBureau of Investigation, the Alcoholic Beverage Laws Enforcement\n\nCommission, the Department of Corrections or the Office of the\n\nAttorney General shall be distributed as follows, in the order\n\nindicated:\n\n1. To the bona fide or innocent purchaser, conditional sales\n\nvendor or mortgagee of the property, if any, up to the amount of his\n\nor her interest in the property, when the court declaring the\n\nforfeiture orders a distribution to such person;\n\n2. To the payment of the actual expenses of preserving the\n\nproperty and legitimate costs related to the civil forfeiture\n\nproceedings. For purposes of this paragraph, the term \"legitimate\n\ncosts\" shall not include court costs associated with any civil\n\nforfeiture proceeding; and\n\n3. The balance to a revolving fund in the office of the county\n\ntreasurer of the county wherein the property was seized, said fund\n\nto be used as a revolving fund solely for enforcement of controlled\n\ndangerous substances laws, drug abuse prevention and drug abuse\n\neducation, and maintained by the district attorney in his or her\n\ndiscretion for those purposes with a yearly accounting to the board\n\nof county commissioners in whose county the fund is established and\n\nto the District Attorneys Council; provided, one hundred percent\n\n(100%) of the balance of the proceeds of such sale of property\n\nforfeited due to nonpayment of a fine imposed pursuant to the\n\nprovisions of Section 2-415 of this title shall be apportioned as\ner\n\ndiscretion for those purposes with a yearly accounting to the board\n\nof county commissioners in whose county the fund is established and\n\nto the District Attorneys Council; provided, one hundred percent\n\n(100%) of the balance of the proceeds of such sale of property\n\nforfeited due to nonpayment of a fine imposed pursuant to the\n\nprovisions of Section 2-415 of this title shall be apportioned as\n\nprovided in Section 2-416 of this title. The revolving fund shall\n\nbe audited by the State Auditor and Inspector at least every two (2)\n\nyears in the manner provided in Section 171 of Title 19 of the\n\nOklahoma Statutes. Said audit shall include, but not be limited to,\n\na compliance audit. A district attorney may enter into agreements\n\nwith municipal, tribal, county or state agencies to return to such\n\nan agency a percentage of proceeds of the sale of any property\n\nseized by the agency and forfeited under the provisions of this\n\nsection. The District Attorneys Council shall adopt guidelines\n\nwhich ensure that such agencies receive a reasonable percentage of\n\nsuch proceeds, considering the relative contribution of each agency\n\nto the drug enforcement and prosecution operations relating to the\n\nseizure. In formulating said guidelines, the District Attorneys\n\nCouncil shall examine federal guidelines on asset distribution and\n\nuse said guidelines as a basis for establishing guidelines for this\n\nstate. The Attorney General is hereby authorized to mediate\n\ndisputes between district attorneys and such agencies concerning the\n\napplication of said guidelines in particular instances. Any agency\n\nthat receives proceeds from an asset distribution shall maintain a\n\ntrue and accurate record of all such assets.\n\nM. Whenever any vehicle, airplane or vessel is forfeited under\n\nthe Uniform Controlled Dangerous Substances Act, the district court\n\nof jurisdiction may order that the vehicle, airplane or vessel\n\nseized may be retained by the state, county or city law enforcement\n\nagency which seized the vehicle, airplane or vessel for its official\n\nuse.\n\nN. If the court finds that the state failed to satisfy the\n\nrequired showing provided for in subsection G of this section, the\n\ncourt shall order the property released to the owner or owners.\n\nO. Except as provided for in subsection Q of this section, a\n\nbona fide or innocent owner, lien holder, mortgagee or vendor that\n\nrecovers property pursuant to this section shall not be liable for\n\nstorage fees.\n\nP. Except as provided for in subsection Q of this section,\n\nstorage fees shall be paid by the agency which is processing the\n\nseizure and forfeiture from funds generated by seizure and\n\nforfeiture actions.\n\nQ. The bona fide or innocent owner, lien holder, mortgagee or\n\nvendor shall reclaim subject seized property within thirty (30) days\n\nof written notice from the seizing agency. If such person fails to\n\nreclaim the property within the thirty-day time period, then storage\n\nfees may be assessed against their secured interest.\n\nR. 1. At any hearing held relevant to this section, a report\n\nof the findings of the laboratory of the Oklahoma State Bureau of\n\nInvestigation, the medical examiner's report of investigation or\n\nautopsy report, or a laboratory report from a forensic laboratory\n\noperated by the State of Oklahoma or any political subdivision\n\nthereof, which has been made available to the accused by the office\n\nof the district attorney or other party to the forfeiture at least\n\nfive (5) days prior to the hearing, with reference to all or part of\n\nthe evidence submitted, when certified as correct by the persons\n\nmaking the report shall be received as evidence of the facts and\n\nfindings stated, if relevant and otherwise admissible in evidence.\n\nIf such report is deemed relevant by the forfeiture applicant or the\nhoma Statutes - Title 63. Public Health and Safety Page 1034\n\nfive (5) days prior to the hearing, with reference to all or part of\n\nthe evidence submitted, when certified as correct by the persons\n\nmaking the report shall be received as evidence of the facts and\n\nfindings stated, if relevant and otherwise admissible in evidence.\n\nIf such report is deemed relevant by the forfeiture applicant or the\n\nrespondent, the court shall admit such report without the testimony\n\nof the person making the report, unless the court, pursuant to this\n\nsubsection, orders such person to appear.\n\n2. When any alleged controlled dangerous substance has been\n\nsubmitted to the laboratory of the OSBI for analysis, and such\n\nanalysis shows that the submitted material is a controlled dangerous\n\nsubstance, the distribution of which constitutes a felony under the\n\nlaws of this state, no portion of such substance shall be released\n\nto any other person or laboratory except to the criminal justice\n\nagency originally submitting the substance to the OSBI for analysis,\n\nabsent an order of a district court. The defendant shall\n\nadditionally be required to submit to the court a procedure for\n\ntransfer and analysis of the subject material to ensure the\n\nintegrity of the sample and to prevent the material from being used\n\nin any illegal manner.\n\n3. The court, upon motion of either party, shall order the\n\nattendance of any person preparing a report submitted as evidence in\n\nthe hearing when it appears there is a substantial likelihood that\n\nmaterial evidence not contained in said report may be produced by\n\nthe testimony of any person having prepared a report. The hearing\n\nshall be held and, if sustained, an order issued not less than five\n\n(5) days prior to the time when the testimony shall be required.\n\n4. If within five (5) days prior to the hearing or during a\n\nhearing, a motion is made pursuant to this section requiring a\n\nperson having prepared a report to testify, the court may hear a\n\nreport or other evidence but shall continue the hearing until such\n\ntime notice of the motion and hearing is given to the person making\n\nthe report, the motion is heard, and, if sustained, the testimony\n\nordered can be given.\n\nS. In any forfeiture proceeding under this chapter in which the\n\ndefendant or claimant prevails, the court may order the plaintiff\n\nprocessing the seizure and forfeiture to pay from funds generated by\n\nseizure and forfeiture actions:\n\n1. Reasonable attorney fees and other litigation costs\n\nreasonably incurred by the defendant or claimant directly related to\n\nthe claim on which the defendant or claimant prevailed;\n\n2. Postjudgment interest; and\n\n3. In cases involving currency or other negotiable instruments:\n\na. interest actually paid to the state from the date of\n\nseizure or arrest of the property that resulted from\n\nthe investment of the property in an interest-bearing\n\naccount or instrument, and\n\nb. an imputed amount of interest that such currency,\n\ninstruments, or proceeds would have earned at the rate\n\napplicable to the thirty-day Treasury Bill, for any\n\nperiod during which no interest was paid, not\n\nincluding any period when the property reasonably was\n\nin use as evidence in an official proceeding or in\n\nconducting scientific tests for the purpose of\n\ncollecting evidence, commencing fifteen (15) days\n\nafter the property was seized by a law enforcement\n\nagency or was turned over to a law enforcement agency\n\nby a federal law enforcement authority.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a2ad71a3c49027cc949ded4f20360275a176b551aaee16f090008703342d0835","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-505","next":"us-ok/okla.-stat.-tit.-63-63-2-507"},"notice":"GroundRules: Original legal text. Not legal advice."}