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63-2-503.


63-2-503.
   
   A. The following shall be subject to forfeiture:
   
   1. All controlled dangerous substances which have been manufactured,
   distributed, dispensed, acquired, concealed or possessed in violation
   of the Uniform Controlled Dangerous Substances Act, Section 2-101 et
   seq. of this title;
   
   2. All raw materials, products and equipment of any kind and all drug
   paraphernalia as defined by the Uniform Controlled Dangerous
   Substances Act, which are used, or intended for use, in manufacturing,
   compounding, processing, delivering, importing or exporting,
   injecting, ingesting, inhaling, or otherwise introducing into the
   human body any controlled dangerous substance in violation of the
   provisions of the Uniform Controlled Dangerous Substances Act;
   
   3. All property which is used, or intended for use, as a container for
   property described in paragraphs 1 and 2 of this subsection;
   
   4. All conveyances, including aircraft, vehicles, vessels, or farm
   implements which are used to transport, conceal, or cultivate for the
   purpose of distribution as defined in Section 2-101 of this Title, or
   which are used in any manner to facilitate the transportation or
   cultivation for the purpose of sale or receipt of property described
   in paragraphs 1 or 2 of this subsection or when the property described
   in paragraphs 1 or 2 of this subsection is unlawfully possessed by an
   occupant thereof, except that:
   
   a. no conveyance used by a person as a common carrier in the
   transaction of business as a common carrier shall be forfeited under
   the provisions of the Uniform Controlled Dangerous Substances Act
   unless it shall appear that the owner or other person in charge of
   such conveyance was a consenting party or privy to a violation of the
   Uniform Controlled Dangerous Substances Act, and
   
   b. no conveyance shall be forfeited under the provisions of this
   section by reason of any act or omission established by the owner
   thereof to have been committed or omitted without the knowledge or
   consent of such owner, and if the act is committed by any person other
   than such owner the owner shall establish further that the conveyance
   was unlawfully in the possession of a person other than the owner in
   violation of the criminal laws of the United States, or of any state;
   
   5. All books, records and research, including formulas, microfilm,
   tapes and data which are used in violation of the Uniform Controlled
   Dangerous Substances Act;
   
   6. All things of value furnished, or intended to be furnished, in
   exchange for a controlled dangerous substance in violation of the
   Uniform Controlled Dangerous Substances Act, all proceeds traceable to
   such an exchange, and all monies, negotiable instruments, and
   securities used, or intended to be used, to facilitate any violation
   of the Uniform Controlled Dangerous Substances Act;
   
   7. All moneys, coin and currency found in close proximity to
   forfeitable substances, to forfeitable drug manufacturing or
   distribution paraphernalia or to forfeitable records of the
   importation, manufacture or distribution of substances, which are
   rebuttably presumed to be forfeitable under Section 2-101 et seq. of
   this title. The burden of proof is upon claimants of the property to
   rebut this presumption;
   
   8. All real property, including any right, title, and interest in the
   whole of any lot or tract of land and any appurtenance or improvement
   thereto, which is used, or intended to be used, in any manner or part,
   to commit, or to facilitate the commission of, a violation of the
   Uniform Controlled Dangerous Substances Act which is punishable by
   imprisonment for more than one (1) year, except that no property
   right, title or interest shall be forfeited pursuant to this
   paragraph, by reason of any act or omission established by the owner
   thereof to have been committed or omitted without the knowledge or
   consent of that owner; and
   
   9. All weapons possessed, used or available for use in any manner to
   facilitate a violation of the Uniform Controlled Dangerous Substances
   Act, Section 2-101 et seq. of this title.
   
   B. Any property or thing of value of a person is subject to forfeiture
   if it is established by a preponderance of the evidence that such
   property or thing of value was acquired by such person during the
   period of the violation of the Uniform Controlled Dangerous Substances
   Act or within a reasonable time after such period and there was no
   likely source for such property or thing of value other than the
   violation of the Uniform Controlled Dangerous Substances Act.
   
   C. Any property or thing of value of a person is subject to forfeiture
   if it is established by a preponderance of the evidence that the
   person has not paid all or part of a fine imposed pursuant to the
   provisions of Section 2-415 of this title.
   
   D. All items forfeited in this section shall be forfeited under the
   procedures established in Section 2-506 of this title. Whenever any
   item is forfeited pursuant to this section except for items
   confiscated by the Oklahoma State Bureau of Narcotics and Dangerous
   Drugs Control, the Oklahoma Department of Public Safety, the Oklahoma
   State Bureau of Investigation, the Alcoholic Beverage Laws Enforcement
   Commission, the Oklahoma Department of Corrections, or the Office of
   the Attorney General, the district court of the district shall order
   that such item, money, or monies derived from the sale of such item be
   deposited by the state, county or city law enforcement agency which
   seized the item in the revolving fund provided for in Section 2-506 of
   this title; provided, such item, money or monies derived from the sale
   of such item 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. Items, money or monies seized
   pursuant to subsections A and B of this section shall not be applied
   or considered toward satisfaction of the fine imposed by Section 2-415
   of this title. All raw materials used or intended to be used by
   persons to unlawfully manufacture or attempt to manufacture any
   controlled dangerous substance in violation of the Uniform Controlled
   Dangerous Substances Act shall be summarily forfeited pursuant to the
   provisions of Section 2-505 of this title.
   
   E. All property taken or detained under this section by the Oklahoma
   State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma
   Department of Public Safety, the Oklahoma State Bureau of
   Investigation, the Alcoholic Beverage Laws Enforcement Commission, the
   Oklahoma Department of Corrections, or the Office of the Attorney
   General, shall not be repleviable, but shall remain in the custody of
   the Bureaus, Departments, Commission, or Office, respectively, subject
   only to the orders and decrees of a court of competent jurisdiction.
   The Director of the Oklahoma State Bureau of Narcotics and Dangerous
   Drugs Control, the Commissioner of Public Safety, the Director of the
   Oklahoma State Bureau of Investigation, the Director of the Alcoholic
   Beverage Laws Enforcement Commission, the Director of the Oklahoma
   Department of Corrections, and the Attorney General shall follow the
   procedures outlined in Section 2-506 of this title dealing with
   notification of seizure, intent of forfeiture, final disposition
   procedures, and release to innocent claimants with regard to all
   property included in this section detained by the Oklahoma Department
   of Public Safety, the Oklahoma State Bureau of Investigation, the
   Alcoholic Beverage Laws Enforcement Commission, the Oklahoma
   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 Oklahoma Department of Public Safety,
   the Oklahoma State Bureau of Investigation, the Alcoholic Beverage
   Laws Enforcement Commission, the Oklahoma Department of Corrections,
   or the Office of the Attorney General shall be disposed of or sold
   pursuant to the provisions of Section 2-508 of this title.
   
   F. The proceeds of any forfeiture of items seized by the Oklahoma
   State Bureau of Narcotics and Dangerous Drugs Control shall be
   distributed as follows:
   
   1. To the bona fide or innocent purchaser, conditional sales vendor or
   mortgagee of the property, if any, up to the amount of his interest in
   the property, when the court declaring a forfeiture orders a
   distribution to such person; and
   
   2. The balance to the Oklahoma State Bureau of Narcotics' revolving
   fund or the Bureau's agency special account established pursuant to
   Section 7.2 of Title 62 of the Oklahoma Statutes, provided the Bureau
   may enter into agreements with municipal, county, state or federal law
   enforcement agencies, assisting in the forfeiture or underlying
   criminal investigation, to return to such an agency a percentage of
   said proceeds.
   
   The Bureau may expend up to Nine Hundred Thousand Dollars
   ($900,000.00) of the forfeited funds within a fiscal year without
   prior approval of the Legislature. Documentation of such expenditures
   shall be forwarded to the Governor, Speaker of the House of
   Representatives and the President Pro Tempore of the Senate on a
   quarterly basis. Any additional expenditures of forfeited funds shall
   be pre-approved by the annual appropriations process or the
   Contingency Review Board.
   
   G. Any agency that acquires seized or forfeited property or money
   shall maintain a true and accurate inventory and record of all such
   property seized pursuant to this section.
   

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