Okla. Stat. tit. 47, § 47-11-902b

A. The district attorney may file a motion requesting

forfeiture of the motor vehicle involved in the commission of an

eligible offense as provided in this section. The provisions of

this section shall apply to:

1. Any person who has been previously convicted of an offense

under Section 11-902, 11-903, or 11-904 of this title and who on or

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after July 1, 1999, is convicted of an offense under Section 11-902,

11-903, or 11-904 of this title within ten (10) years of any prior

conviction under Section 11-902, 11-903, or 11-904 of this title and

where at least one of the offenses, current or prior, involved the

death of or serious bodily injury to another person; or

2. Any person who has been convicted of a third or subsequent

felony offense under Section 11-902 of this title.

B. A motion for forfeiture may be filed at the time of charging

but not later than thirty (30) days after the verdict or plea of

guilty or nolo contendere. If a motion of intent to forfeit is

filed prior to the verdict or plea of guilty or nolo contendere, the

proceedings shall be stayed until the disposition of the criminal

case. Notice shall be required even though the proceedings are

stayed. If the motion is filed prior to the disposition on the

criminal case, the district attorney shall notify the Oklahoma Tax

Commission and the Tax Commission shall place a lien upon the

vehicle title. No person shall sell, damage, destroy, transfer or

perfect a security interest on any vehicle subject to forfeiture.

Prior to filing a motion for forfeiture, the district attorney shall

verify whether the vehicle was sold during any period of impoundment

as provided by law. Any vehicle sold in an impound sale to pay

towing, wrecker services or storage expenses shall not be subject to

forfeiture as provided in this section.

C. Upon filing a motion for forfeiture, except when the

proceedings are stayed pursuant to subsection B of this section, the

court shall schedule a hearing on the matter. The hearing shall be

not less than twenty (20) days nor more than forty-five (45) days

from the date the motion is filed. The district attorney within

three (3) days of filing a motion of intent to forfeit shall notify

the convicted person, lienholders of record, and any person

appearing to have an ownership or security interest in the vehicle.

The notice shall contain the date, time and place of the hearing.

When a motion for forfeiture has been stayed pending disposition of

the criminal case and a verdict or plea of guilty or nolo contendere

has been entered, the district attorney shall give notice of the

forfeiture hearing not less than ten (10) days prior to the hearing.

The notice of persons specified in this subsection shall be by

certified mail to the address shown upon the records of the Oklahoma

Tax Commission. For owners or interested parties, other than

lienholders of record, whose addresses are unknown, but who are

believed to have an interest in the vehicle, notice shall be by one

publication in a newspaper of general circulation in the county

where the motion is filed. The written notice shall include:

1. A full description of the motor vehicle;

2. The date, time and place of the forfeiture hearing;

3. The legal authority under which the motor vehicle may be

forfeited; and

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4. Notice of the right to intervene to protect an interest in

the motor vehicle.

D. A forfeiture proceeding shall not extinguish any security

interest of a lienholder of record; provided, however, the court may

order the sale of the motor vehicle and the satisfaction of that

security interest from the proceeds of sale as provided in

subsection K of this section.

For purposes of a forfeiture proceeding, an affidavit obtained

from the lienholder of record, in the absence of evidence of bad
roceeding shall not extinguish any security

interest of a lienholder of record; provided, however, the court may

order the sale of the motor vehicle and the satisfaction of that

security interest from the proceeds of sale as provided in

subsection K of this section.

For purposes of a forfeiture proceeding, an affidavit obtained

from the lienholder of record, in the absence of evidence of bad

faith, shall be prima facie evidence of the amount of secured

indebtedness owed to that lienholder. It shall be the

responsibility of the district attorney to obtain such affidavit

prior to the forfeiture proceeding.

In the absence of evidence of bad faith, no lienholder of record

shall be required to attend the forfeiture proceeding to protect its

interest in the motor vehicle. However, each lienholder of record

shall be given notice of the forfeiture hearing as provided in

subsection C of this section. The district attorney shall notify

each lienholder of record at least ten (10) days before the sale of

the motor vehicle ordered forfeited pursuant to this section;

provided, the lienholder was not represented at the forfeiture

proceeding.

E. Any person having an ownership or security interest in a

vehicle subject to forfeiture which is not perfected by a lien of

record may file a written objection to the motion to forfeit within

ten (10) days of the mailing of the notice of intent to forfeit.

F. At the hearing, any person who claims an ownership or

security interest in the motor vehicle which is not perfected by a

lien of record shall be required to establish by a preponderance of

the evidence that:

1. The person has an interest in the motor vehicle and such

interest was acquired in good faith;

2. The person is not the person convicted of the offense that

resulted in the forfeiture proceeding; and

3. The person did not know or have reasonable cause to believe

that the vehicle would be used in the commission of a felony

offense.

G. If a person satisfies the requirements of subsection F of

this section, or if there is a lienholder of record that has

provided an affidavit pursuant to subsection D of this section, the

court shall order either an amount equal to the value of the

interest of that person in the motor vehicle to be paid to that

person upon sale of the motor vehicle after payment of costs and

expenses or release the vehicle from the forfeiture proceedings if

either the lienholder described in subsection D of this section or

the person intervening in accordance with subsection F of this

section has full right, title and interest in the vehicle.

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H. At the hearing, the court may order the forfeiture of the

motor vehicle if it is determined by a preponderance of the evidence

that the forfeiture of the motor vehicle will serve one or more of

the following purposes:

1. Incapacitation of the convicted person from the commission

of any future offense under Section 11-902, 11-903, or 11-904 of

this title;

2. Protection of the safety and welfare of the public;

3. Deterrence of other persons who are potential offenders

under Section 11-902, 11-903, or 11-904 of this title;

4. Expression of public condemnation of the serious or

aggravated nature of the conduct of the convicted person; or

5. Satisfaction of monetary amounts for criminal penalties.

I. Upon forfeiture of a motor vehicle pursuant to this act, the

court shall require the owner to surrender the motor vehicle, the

certificate of title, and the registration of the motor vehicle.

The vehicle, the certificate of title, and the registration shall be

delivered to the Department of Public Safety within three (3) days

of the forfeiture order. The expense of delivering the vehicle

shall be paid by the district attorney. Costs of delivering the

vehicle to the Department shall be reimbursable as costs of

conducting the sale. A motor vehicle forfeited pursuant to this
ehicle.

The vehicle, the certificate of title, and the registration shall be

delivered to the Department of Public Safety within three (3) days

of the forfeiture order. The expense of delivering the vehicle

shall be paid by the district attorney. Costs of delivering the

vehicle to the Department shall be reimbursable as costs of

conducting the sale. A motor vehicle forfeited pursuant to this

act, shall be sold by the Department of Public Safety as provided by

law for the sale of other forfeited property, except as otherwise

provided in this section.

J. If a vehicle was impounded at the time of delivery to the

Department and a forfeiture order is subsequently issued, all

towing, wrecker services, and storage expenses shall be satisfied

from the sale of the vehicle. If a vehicle is released from

forfeiture and the vehicle has been delivered to the Department with

impound expenses still owing, all impound expenses, including

towing, wrecker service and storage expenses, shall be paid by the

person prevailing on the dismissal of the forfeiture proceeding and

the release of the vehicle to such person. If a notice for sale of

the vehicle was filed for satisfaction of impound expenses prior to

the filing of a motion for forfeiture, the vehicle shall be sold as

provided by law for unpaid towing, wrecker services, and storage

expenses and shall not be subject to forfeiture. If the convicted

person redeems his or her interest in the vehicle at a sale for

impound expenses, a forfeiture proceeding may thereafter proceed as

authorized by this act. Neither the notice of sale for towing,

wrecker services, and storage expenses nor the sale of such vehicle

for impound expenses shall serve to extend the requirement for

filing a motion to forfeit as provided in subsection B of this

section.

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K. Except as provided in subsection J of this section, proceeds

from the sale of any vehicle forfeited pursuant to this act shall be

paid in the following order:

1. To satisfy the interest of any lienholder of record;

2. To the Department of Public Safety for the cost of

conducting the sale, including expense of delivery, court filing

fees, and publication expense;

3. To satisfy impound expenses, including any towing, wrecker

service and storage expenses incurred prior to delivery to the

Department of Public Safety;

4. To satisfy the interest of any person making proof as

provided in subsection F of this section;

5. To satisfy criminal penalties, costs and assessments

pursuant to paragraph 5 of subsection H of this section if so

ordered by the court;

6. To the office of the district attorney who filed the

forfeiture proceeding not exceeding twenty-five percent (25%) of any

remaining proceeds. Such payment shall be deposited in a special

fund for such purpose as determined by the district attorney's

office; and

7. The balance of the proceeds to be deposited in the Drug

Abuse Education and Treatment Revolving Fund established pursuant to

Section 2-503.2 of Title 63 of the Oklahoma Statutes for the benefit

of drug court treatment as provided by law.

L. If a motor vehicle subject to forfeiture as provided by this

act is a vehicle leased pursuant to a commercial rental agreement

for a period of ninety (90) days or less, then the vehicle shall not

be subject to the forfeiture proceedings provided by this act.

M. Upon the court dismissing a forfeiture proceeding, any lien

placed upon the vehicle title by the Oklahoma Tax Commission

pursuant to subsection B of this section shall be released.