Oklahoma HB 1025: Criminal procedure; clarifying hearing procedures for returning property to lawful owners; effective date.

Bill Text

HB1025 HFLR Page 1
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HOUSE OF REPRESENTATIVES - FLOOR VERSION

STATE OF OKLAHOMA

1st Session of the 58th Legislature (2021)

HOUSE BILL 1025 By: Worthen

AS INTRODUCED

An Act relating to criminal procedure; amending 22
O.S. 2011, Sections 1321, 1322 and 1326, which relate
to the return of stolen property or money taken from
defendants; clarifying hearing procedures for
returning property to lawful owners; providing option
of filing affidavits with the court clerk; requiring
notices be sent by first-class mail; specifying when
hearings shall be held; requiring the filing of proof
of service or publication with the court clerk;
extending time by which property shall be made
available for release; directing property owners to
provide proof of title to property; requiring
claimants to sign indemnification agreement under
certain circumstances; requiring filing of affidavits
of service or publication with the court clerk;
extending date by which objections must be filed;
authorizing retention of evidence or exhibits pending
the outcome of actions for postconviction relief;
authorizing government entities to seek a hearing
regarding disposition of property; establishing
hearing requirements; providing for the destruction
of property under certain circumstances; extending
time limitation for making property available to
owners; providing gender-neutral language; clarifying
procedures for providing receipts to defendants when
money or other property is seized; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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SECTION 1. AMENDATORY 22 O.S. 2011, Section 1321, is
amended to read as follows:
Section 1321. A. It is the intent of the Legislature that any
stolen or embezzled money or other property held in custody of a
municipality, county or the state in any criminal investigation,
action or proceeding be returned to the proper person or its lawful
owner without unnecessary delay.
B. If the property coming into the custody of a municipal,
county or state peace officer is not alleged to have been stolen or
embezzled, the peace officer may return the property to the owner
upon satisfactory proof of ownership. The notice and hearing
provisions of this section shall not be required for return of the
property specified in this section if there is no dispute concerning
the ownership of the property. Within fifteen (15) days of the time
the owner of the property is known, the peace officer shall notify
the owner of the property that the property is in the custody of the
peace officer. The property shall be returned to the owner upon
request, unless the owner, by law, is not permitted to possess such
property.
C. Except as otherwise provided for property that is pawned,
when money or property alleged to have been stolen or embezzled,
comes into the custody of a peace officer, the peace officer shall
hold it subject to the order of the magistrate authorized by Section
1322 of this title to direct the disposal thereof. Within fifteen

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(15) days of the time the owner of the property is known, the peace
officer shall notify the owner of the property that the property is
in the custody of the peace officer. The peace officer shall make a
good-faith effort to locate and notify the owner of the property.
If the peace officer has made a good faith effort to locate and
notify the owner of the property and has been unable to locate or
notify the owner, the peace officer shall release the property to
the last person in possession of the property within fifteen (15)
days after the peace officer determines that an owner cannot be
located or notified, provided unless there is evidence that the
person who last had possession of the property shows proof that the
person is not a lawful possessor of the property. Such officer may
provide a copy of a nonownership affidavit to the defendant to sign
if the defendant is not claiming ownership of the money or property
taken from the defendant and if the defendant has relinquished the
right to remain silent. The affidavit is not admissible in any
proceeding to ascertain the guilt or innocence of the defendant. A
copy of this affidavit shall be provided to the defendant, and a
copy shall may be filed by the peace officer with the court clerk.
Upon request, a copy of this affidavit shall be provided to any
person claiming ownership of such money or property. The owner of
the property or designated representative of the owner may make
application to the magistrate for the return of the property. The
application shall be on a form provided by the Administrative

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