Okla. Stat. tit. 22, § 22-991a-19

hearing – Petition for return – Release of property.

A. Any peace officer of this state shall seize any property,

except property exempt under Section 1 of Title 31 of the Oklahoma

Statutes, to be held until a forfeiture for sale has been declared

or release ordered.

Oklahoma Statutes - Title 22. Criminal Procedure Page 326

B. Within ten (10) days from the time the property is seized,

notice of seizure and intended forfeiture proceeding shall be filed

in the office of the clerk of the district court for the county in

which the property is seized and shall be given all owners and

parties in interest.

C. Notice shall be given by the party seeking forfeiture and

sale according to the following methods:

1. Upon each owner or party in interest whose right, title or

interest is of record at the Tax Commission, by mailing a copy of

the notice by certified mail to the address shown upon the records

of the Tax Commission;

2. Upon each owner or party in interest whose name and address

is known to the attorney or the party seeking the action to recover

unpaid restitution, by mailing a copy of the notice by registered

mail to the last-known address; and

3. Upon all other owners or interested parties, whose addresses

are unknown, but who are believed to have an interest in the

property, by one publication in a newspaper of general circulation

in the county where the seizure was made.

D. Within sixty (60) days after the mailing and publication of

the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice.

E. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

shall hear evidence upon the fact of exemption under Section 1 of

Title 31 of the Oklahoma Statutes and shall order the property

forfeited and sold to pay restitution, if such property is not

proved exempt.

F. If a verified answer is filed, the forfeiture for sale

proceeding shall be set for hearing not less than ten (10) days nor

more than sixty (60) days after the filing of the answer.

G. At a hearing on the forfeiture, the evidence of ownership

and exemption under Section 1 of Title 31 of the Oklahoma Statutes

shall be satisfied by a preponderance of the evidence.

H. The claimant of any right, title or interest in the property

may prove a lien, mortgage or conditional sales contract to be a

bona fide ownership interest by a preponderance of the evidence.

I. In the event of such proof, the court shall order the

property released to the bona fide owner, lienholder, mortgagee or

vendor if the amount due such party is equal to, or in excess of,

the value of the property as of the date of the seizure, it being

the intention of this section to forfeit only the right, title or

interest of the offender.

J. If the amount due to such person is less than the value of

the property, or if no bona fide claim is established, the property

Oklahoma Statutes - Title 22. Criminal Procedure Page 327

shall be forfeited and sold under judgment of the court, as on sale

upon execution.

K. Property taken or detained under this section shall not be

repleviable, but shall be deemed to be in the custody of the office

of the district attorney of the county in which the property was

seized, subject only to the orders and decrees of the court having

jurisdiction thereof.

L. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

1. To the bona fide purchaser, conditional sales vendor or

mortgagee of the property, if any, up to the amount of such party’s

interest in the property, when the court declaring the forfeiture

orders a distribution to such person;

2. To the payment of the actual expenses of storing the

property;

3. To the payment of court costs and costs of the sheriff in

conducting the sale;
er indicated:

1. To the bona fide purchaser, conditional sales vendor or

mortgagee of the property, if any, up to the amount of such party’s

interest in the property, when the court declaring the forfeiture

orders a distribution to such person;

2. To the payment of the actual expenses of storing the

property;

3. To the payment of court costs and costs of the sheriff in

conducting the sale;

4. To the payment of restitution to the victim; and

5. The balance of the proceeds of such sale shall be paid to

the defendant.

M. If the court finds that the party seeking the forfeiture

failed to satisfy the requirements provided for in subsection G of

this section, the court shall order the property released to the

owner or owners.

N. Upon failure to give the notice of seizure and intended

forfeiture as provided in subsections B and C of this section, any

owner or party in interest may petition the court for return of the

property. The court shall schedule a hearing within ten (10) days

of the filing of the petition for return of the property. The

petitioner shall be required to prove ownership interest or other

claim to the property, and the court shall return the property if

the claim is proved by a preponderance of the evidence and the

property is not otherwise required as evidence in a criminal

prosecution. Failure to give the notice of seizure and intended

forfeiture shall not be construed to prohibit, deny, void or dismiss

any criminal prosecution or serve as grounds for any motion to

suppress evidence.

O. In addition to other provisions of this section, seized

property shall be released upon the following conditions:

1. Dismissal of a forfeiture proceeding;

2. Failure to file criminal charges within ninety (90) days

from the date of seizure, provided the property is held as evidence

and not forfeited to the state or returned to an owner or party in

interest as provided in subsection N of this section. Provided,

however, the district attorney may request the court to grant an

extension beyond the ninety-day limitation for filing charges if a

criminal investigation may result in charges being filed after that

Oklahoma Statutes - Title 22. Criminal Procedure Page 328

time. If an extension to file criminal charges is granted, the

seized property may be held until the court orders the property

released; or

3. Dismissal or acquittal of criminal charges, provided the

property is held as evidence and not forfeited to the state or

returned to an owner or party in interest as provided in subsection

N of this section.