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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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