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47-11-902b.


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 any person who has been previously convicted of an offense under
   Section 11-902, 11-903, or 11-904 of Title 47 of the Oklahoma Statutes
   and who on or after the effective date of this act is convicted of an
   offense under Section 11-902, 11-903 or 11-904 of Title 47 of the
   Oklahoma Statutes within ten (10) years of any prior conviction under
   Section 11-902, 11-903, or 11-904 of Title 47 of the Oklahoma Statutes
   and where at least one of the offenses, current or prior, involved the
   death or serious bodily injury to another person.
   
   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 act.
   
   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
   
   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 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.
   
   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 Title 47 of
   the Oklahoma Statutes;
   
   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 Title 47 of the Oklahoma
   Statutes;
   
   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 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.
   
   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 the Department of Public Safety for the cost of conducting the
   sale, including expense of delivery, court filing fees, and
   publication expense;
   
   2. To satisfy impound expenses, including any towing, wrecker service
   and storage expenses incurred prior to delivery to the Department of
   Public Safety;
   
   3. To satisfy the interest of any lienholder of record;
   
   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.
   

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