Okla. Stat. tit. 22, § 22-1327

A. All exhibits which have been introduced, filed, or held in

custody of the state in any criminal action or proceeding may be

disposed of as provided for in this section.

B. The court may, on application of the party entitled thereto,

or an agent designated in writing by the owner, order all such

exhibits, other than documentary exhibits, as may be released from

the custody of the court or the state, without prejudice to the

Oklahoma Statutes - Title 22. Criminal Procedure Page 497

state, delivered to such party at any time after the final

determination of the action or proceedings; provided, however, where

the action or proceeding has resulted in an order granting

probation, such delivery may be made any time after the final

determination of an appeal of such order, or after the time for such

appeal has elapsed. Provided, further, if the owner of such exhibit

is the victim of the offense for which such exhibit is held, said

owner may make application to the court at any time prior to the

final disposition of the action or proceeding for the return of the

exhibit. The applicant shall notify the last person in possession

of such exhibit prior to such exhibit being seized by the state of

the hearing by mailing a copy of the notice by certified mail return

receipt requested at the last-known address of such person, unless

such person has signed a nonownership affidavit pursuant to Section

1321 of this title disclaiming any ownership rights to such exhibit.

If the last person in possession of the property is unable to be

served notice by said certified mail, notice shall be provided by

one publication in a newspaper of general circulation in the county

where the property is held in custody. The applicant shall notify

the district attorney and the court when notice has been served to

the last person in possession of such property or published pursuant

to this section. The hearing shall be held not less than ten (10)

days or more than twenty (20) days after the court has been notified

that the notice has been served or published. In the event the

court orders the release of said exhibit to the owner, the district

attorney shall photograph or mark said exhibit with an

identification number and return the exhibit to the owner within ten

(10) days of the court order. The court may authorize ten (10) days

additional time for the return of such exhibit if the district

attorney shows cause that additional time is needed to photograph or

mark such exhibit. Such photograph or marked exhibit may be

presented as the exhibit in any further action or proceeding. If

the party entitled to such exhibits is unknown, or fails to apply

for the return of such exhibits, the procedure for their disposition

shall be as follows:

1. After the expiration of six (6) months from the time the

conviction becomes final, or if the action or proceeding has not

resulted in a conviction, at any time after the judgment has become

final, the court in which the case was tried shall make an order

specifying what exhibits may be released from the custody of the

court without prejudice to the state. Upon receipt of such an

order, the property shall be transferred to the county sheriff or

other proper governmental agency for sale to the public. At least

ten (10) days prior to such sale, notice of the sale shall be sent

by certified mail return receipt requested to the last person in

possession of such exhibit prior to such exhibit being seized by the

state at the last-known address of such person. Upon satisfactory

Oklahoma Statutes - Title 22. Criminal Procedure Page 498

proof being provided to the county sheriff or other proper

governmental agency holding the transferred exhibit that the last

person in possession of such exhibit was a lawful possessor, the

exhibit shall be released to the last person in possession of such

exhibit;

2. At any time prior to the time fixed for the transfer, the
sfactory

Oklahoma Statutes - Title 22. Criminal Procedure Page 498

proof being provided to the county sheriff or other proper

governmental agency holding the transferred exhibit that the last

person in possession of such exhibit was a lawful possessor, the

exhibit shall be released to the last person in possession of such

exhibit;

2. At any time prior to the time fixed for the transfer, the

owner or any person entitled to the possession of any of such

exhibits may obtain from the court an order returning them to him;

3. Articles not returned to their owners or to persons entitled

to their possession at or prior to the time set for the transfer

shall be sold by the proper receiving agency for cash. The articles

shall be sold singly or in combinations. The money received from

such sales shall be placed in the appropriate fund of the

governmental agency responsible for the sale;

4. Where the exhibit consists of money or currency and is

unclaimed at the time of the transfer, it shall not be transferred

but shall be immediately deposited in the appropriate fund of the

governmental agency in possession of such property; and

5. If any property is transferred to the county sheriff or

other governmental agency pursuant to this section it may be sold in

the manner provided by law for the sale of surplus personal

property. If the county sheriff or other proper governmental agency

determines that any such property transferred to it for sale is

needed for a public use, such property may be retained by the agency

and need not be sold.

C. The court may, on application of the party entitled thereto,

or an agent designated in writing by the owner, order such

documentary exhibits as may be released from the custody of the

court without prejudice to the state delivered to such party any

time after the final determination of the action or proceeding;

provided, however, where the action or proceeding has resulted in an

order granting probation, such delivery may be made any time after

the final determination of an appeal of such order, or after the

time for such appeal has elapsed. Provided, further, if the owner

of such exhibit is the victim of the offense for which such exhibit

is held, said owner may make application to the court at any time

prior to the final disposition of the action or proceeding for the

return of the exhibit. The applicant shall notify the last person

in possession of such exhibit prior to such exhibit being seized by

the state of the hearing by mailing a copy of the notice by

certified mail return receipt requested at the last-known address of

such person, unless such person has signed a nonownership affidavit

pursuant to Section 1321 of this title disclaiming any ownership

rights to such exhibit. If the last person in possession of the

property is unable to be served notice by said certified mail,

notice shall be provided by one publication in a newspaper of

general circulation in the county where the property is held in

Oklahoma Statutes - Title 22. Criminal Procedure Page 499

custody. The applicant shall notify the district attorney and the

court when notice has been served to the last person in possession

of such property or published pursuant to this section. The hearing

shall be held not less than ten (10) days or more than twenty (20)

days after the court has been notified that the notice has been

served or published. In the event the court orders the release of

said exhibit to the owner, the district attorney shall photograph or

mark said exhibit with an identification number and return the

exhibit to the owner within ten (10) days of the court order. The

court may authorize ten (10) days additional time for the return of

such exhibit if the district attorney shows cause that additional

time is needed to photograph or mark such exhibit. Such photograph

or marked exhibit may be presented as the exhibit in any further
mark said exhibit with an identification number and return the

exhibit to the owner within ten (10) days of the court order. The

court may authorize ten (10) days additional time for the return of

such exhibit if the district attorney shows cause that additional

time is needed to photograph or mark such exhibit. Such photograph

or marked exhibit may be presented as the exhibit in any further

action or proceeding. If the party entitled to such documentary

exhibits is unknown, or fails to apply for the return of said

exhibits, the procedure for their disposition shall be as follows:

1. After the expiration of six (6) months from the time the

conviction becomes final, or if the action or proceeding has not

resulted in a conviction, at any time after the judgment has become

final, the court in which the case was tried shall make an order

requiring such exhibits to be destroyed; provided, that no such

order shall be made authorizing the destruction of any documentary

exhibit if the destruction of such exhibit would prejudice the

state;

2. No exhibit shall be destroyed or otherwise disposed of until

sixty (60) days after the clerk of the court has posted a notice

conspicuously in three public places in the county, referring to the

order for the disposition, describing briefly the exhibit, and

indicating the date after which the exhibit will be destroyed or

otherwise disposed of.

D. The provisions of subsection B of this section shall not

apply to any dangerous or deadly weapons, narcotic or poisonous

drugs, explosives, or any property of any kind or character

whatsoever the possession of which is prohibited by law. Any such

property filed as an exhibit or held by the state shall be, by order

of the trial court, destroyed or sold or otherwise disposed of under

the conditions prescribed in such order. This act shall not be

interpreted to authorize the return of any property, the possession

of which is prohibited by law.

E. The disposition of biological evidence, as defined by

Section 1 of this act, shall be governed by Section 1 of this act.