Okla. Stat. tit. 63, § 63-2-506

forfeiture proceeding - Verified answer and claim to property -

Hearing - Evidence and proof - Proceeds of sale.

A. Any peace officer of this state shall seize the following

property:

1. Any property described in subsection A of Section 2-503 of

this title. Such property shall be held as evidence until a

forfeiture has been declared or release ordered, except for property

described in paragraphs 1, 2 and 3 of subsection A of Section 2-503

of this title, or in the case of money, coins, and currency,

deposited as provided in subsection E of Section 2-503 of this

title; provided, any money, coins and currency taken or detained

pursuant to this section may be deposited in an interest-bearing

account by or at the direction of the district attorney in the

office of the county treasurer if the district attorney determines

the currency is not to be held as evidence. All interest earned on

such monies shall be returned to the claimant or forfeited with the

money, coins and currency which was taken or detained as provided by

law;

2. Any property described in subsection B of Section 2-503 of

this title; or

3. Any property described in subsection C of Section 2-503 of

this title.

B. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county wherein such property is seized and shall be given all owners

and parties in interest. Notwithstanding any other provision of

law, no filing fees shall be assessed by the court clerk for the

filing of any forfeiture action.

C. Notice shall be given by the agency seeking forfeiture

according to one of the following methods:

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

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

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the notice by certified mail to the address as given upon the

records of the Tax Commission;

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

is known to the attorney in the office of the agency prosecuting the

action to recover unpaid fines, by mailing a copy of the notice by

registered mail to the last-known address; or

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 forty-five (45) days after the mailing or 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 of seizure and of the intended

forfeiture proceeding.

E. If at the end of forty-five (45) 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 the unlawful use and

shall order the property forfeited to the state, if such fact is

proved. Except as otherwise provided for in Section 2-503 of this

title, any such property shall be forfeited to the state and sold

under judgment of the court pursuant to the provisions of Section 2-

508 of this title.

F. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing.

G. At a hearing in a proceeding against property described in

paragraphs 3 through 9 of subsection A or subsections B and C of

Section 2-503 of this title, the requirements set forth in said

paragraph or subsection, respectively, shall be satisfied by the

state 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 or innocent ownership interest and that such

right, title, or interest was created without any knowledge or

reason to believe that the property was being, or was to be, used

for the purpose charged.
fied by the

state 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 or innocent ownership interest and that such

right, title, or interest was created without any knowledge or

reason to believe that the property was being, or was to be, used

for the purpose charged.

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

property released to the bona fide or innocent owner, lien holder,

mortgagee or vendor if the amount due him 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 purchaser.

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

shall be forfeited to the state and sold under judgment of the

court, as provided for in Section 2-508 of this title, except as

otherwise provided for in Section 2-503 of this title.

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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 wherein the property was

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

official having jurisdiction thereof; said official shall maintain a

true and accurate inventory and record of all such property seized

under the provisions of this section. The provisions of this

subsection shall not apply to property taken or detained by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Department of Public Safety, the Oklahoma State Bureau of

Investigation, the Alcoholic Beverage Laws Enforcement Commission,

the Department of Corrections or the Office of the Attorney General.

Property taken or detained by the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, the Department of Public Safety, the

Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws

Enforcement Commission, the Department of Corrections or the Office

of the Attorney General shall be subject to the provisions of

subsections E and F of Section 2-503 of this title.

L. The proceeds of the sale of any property not taken or

detained by the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections or the Office of the

Attorney General shall be distributed as follows, in the order

indicated:

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

vendor or mortgagee of the property, if any, up to the amount of his

or her 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 preserving the

property and legitimate costs related to the civil forfeiture

proceedings. For purposes of this paragraph, the term "legitimate

costs" shall not include court costs associated with any civil

forfeiture proceeding; and

3. The balance to a revolving fund in the office of the county

treasurer of the county wherein the property was seized, said fund

to be used as a revolving fund solely for enforcement of controlled

dangerous substances laws, drug abuse prevention and drug abuse

education, and maintained by the district attorney in his or her

discretion for those purposes with a yearly accounting to the board

of county commissioners in whose county the fund is established and

to the District Attorneys Council; provided, one hundred percent

(100%) of the balance of the proceeds of such sale of property

forfeited due to nonpayment of a fine imposed pursuant to the

provisions of Section 2-415 of this title shall be apportioned as
er

discretion for those purposes with a yearly accounting to the board

of county commissioners in whose county the fund is established and

to the District Attorneys Council; provided, one hundred percent

(100%) of the balance of the proceeds of such sale of property

forfeited due to nonpayment of a fine imposed pursuant to the

provisions of Section 2-415 of this title shall be apportioned as

provided in Section 2-416 of this title. The revolving fund shall

be audited by the State Auditor and Inspector at least every two (2)

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years in the manner provided in Section 171 of Title 19 of the

Oklahoma Statutes. Said audit shall include, but not be limited to,

a compliance audit. A district attorney may enter into agreements

with municipal, tribal, county or state agencies to return to such

an agency a percentage of proceeds of the sale of any property

seized by the agency and forfeited under the provisions of this

section. The District Attorneys Council shall adopt guidelines

which ensure that such agencies receive a reasonable percentage of

such proceeds, considering the relative contribution of each agency

to the drug enforcement and prosecution operations relating to the

seizure. In formulating said guidelines, the District Attorneys

Council shall examine federal guidelines on asset distribution and

use said guidelines as a basis for establishing guidelines for this

state. The Attorney General is hereby authorized to mediate

disputes between district attorneys and such agencies concerning the

application of said guidelines in particular instances. Any agency

that receives proceeds from an asset distribution shall maintain a

true and accurate record of all such assets.

M. Whenever any vehicle, airplane or vessel is forfeited under

the Uniform Controlled Dangerous Substances Act, the district court

of jurisdiction may order that the vehicle, airplane or vessel

seized may be retained by the state, county or city law enforcement

agency which seized the vehicle, airplane or vessel for its official

use.

N. If the court finds that the state failed to satisfy the

required showing provided for in subsection G of this section, the

court shall order the property released to the owner or owners.

O. Except as provided for in subsection Q of this section, a

bona fide or innocent owner, lien holder, mortgagee or vendor that

recovers property pursuant to this section shall not be liable for

storage fees.

P. Except as provided for in subsection Q of this section,

storage fees shall be paid by the agency which is processing the

seizure and forfeiture from funds generated by seizure and

forfeiture actions.

Q. The bona fide or innocent owner, lien holder, mortgagee or

vendor shall reclaim subject seized property within thirty (30) days

of written notice from the seizing agency. If such person fails to

reclaim the property within the thirty-day time period, then storage

fees may be assessed against their secured interest.

R. 1. At any hearing held relevant to this section, a report

of the findings of the laboratory of the Oklahoma State Bureau of

Investigation, the medical examiner's report of investigation or

autopsy report, or a laboratory report from a forensic laboratory

operated by the State of Oklahoma or any political subdivision

thereof, which has been made available to the accused by the office

of the district attorney or other party to the forfeiture at least

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five (5) days prior to the hearing, with reference to all or part of

the evidence submitted, when certified as correct by the persons

making the report shall be received as evidence of the facts and

findings stated, if relevant and otherwise admissible in evidence.

If such report is deemed relevant by the forfeiture applicant or the
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five (5) days prior to the hearing, with reference to all or part of

the evidence submitted, when certified as correct by the persons

making the report shall be received as evidence of the facts and

findings stated, if relevant and otherwise admissible in evidence.

If such report is deemed relevant by the forfeiture applicant or the

respondent, the court shall admit such report without the testimony

of the person making the report, unless the court, pursuant to this

subsection, orders such person to appear.

2. When any alleged controlled dangerous substance has been

submitted to the laboratory of the OSBI for analysis, and such

analysis shows that the submitted material is a controlled dangerous

substance, the distribution of which constitutes a felony under the

laws of this state, no portion of such substance shall be released

to any other person or laboratory except to the criminal justice

agency originally submitting the substance to the OSBI for analysis,

absent an order of a district court. The defendant shall

additionally be required to submit to the court a procedure for

transfer and analysis of the subject material to ensure the

integrity of the sample and to prevent the material from being used

in any illegal manner.

3. The court, upon motion of either party, shall order the

attendance of any person preparing a report submitted as evidence in

the hearing when it appears there is a substantial likelihood that

material evidence not contained in said report may be produced by

the testimony of any person having prepared a report. The hearing

shall be held and, if sustained, an order issued not less than five

(5) days prior to the time when the testimony shall be required.

4. If within five (5) days prior to the hearing or during a

hearing, a motion is made pursuant to this section requiring a

person having prepared a report to testify, the court may hear a

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the person making

the report, the motion is heard, and, if sustained, the testimony

ordered can be given.

S. In any forfeiture proceeding under this chapter in which the

defendant or claimant prevails, the court may order the plaintiff

processing the seizure and forfeiture to pay from funds generated by

seizure and forfeiture actions:

1. Reasonable attorney fees and other litigation costs

reasonably incurred by the defendant or claimant directly related to

the claim on which the defendant or claimant prevailed;

2. Postjudgment interest; and

3. In cases involving currency or other negotiable instruments:

a. interest actually paid to the state from the date of

seizure or arrest of the property that resulted from

the investment of the property in an interest-bearing

account or instrument, and

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b. an imputed amount of interest that such currency,

instruments, or proceeds would have earned at the rate

applicable to the thirty-day Treasury Bill, for any

period during which no interest was paid, not

including any period when the property reasonably was

in use as evidence in an official proceeding or in

conducting scientific tests for the purpose of

collecting evidence, commencing fifteen (15) days

after the property was seized by a law enforcement

agency or was turned over to a law enforcement agency

by a federal law enforcement authority.