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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3283 By: Hall
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 2002, which relates to criminal
seizure and forfeiture proceedings; modifying burden
of proof requirement for forfeiture proceedings; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 2002, is
amended to read as follows:
Section 2002. A. Any commissioned peace officer of this state
is authorized to seize any currency, negotiable instrument, monetary
instrument, equipment or property used or involved in, used to
facilitate, delivered from or traceable to a violation of Section
2001 of this title. The seized item may be held as evidence until a
forfeiture has been declared or a release ordered. Forfeiture
actions under this section may be brought by the district attorney
or Attorney General in the proper county of venue as petitioner;
provided, in the event the district attorney or Attorney General
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elects not to file such action, or fails to file such action within
ninety (90) days of the date of the seizure of the item, the item
shall be returned to the owner.
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 the item is seized and shall be given to all owners
and parties in interest.
C. Notice shall be given according to one of the following
methods:
1. Upon each owner, lienholder, or party in interest whose name
and address is known, served in the manner of service of process in
civil cases prescribed by Section 2004 of Title 12 of the Oklahoma
Statutes; or
2. Upon all other owners, 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 sixty (60) 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
item described in the notice of seizure and of the intended
forfeiture proceeding.
E. If at the end of sixty (60) days after the notice has been
mailed or published there is no verified answer on file, the court
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shall hear evidence upon the fact of the unlawful use and may order
the item forfeited to the state, if such fact is proven.
F. If a verified answer is filed, the forfeiture proceeding
shall be set for hearing.
G. Proceedings under this section shall be special proceedings.
H. At the hearing, the petitioner shall prove by a
preponderance of the clear and convincing evidence that the property
was used in the attempt or commission of an act specified in
subsection A of this section with knowledge by the owner of the
item.
I. The claimant of any right, title, or interest in the item
may prove the lien, mortgage, or conditional sales contract to be
bona fide and that the right, title, or interest created by the item
was created without any knowledge or reason to believe that the item
was being, or was to be, used for the purpose charged.
J. In the event of such proof, the court may order the item
released to the bona fide or innocent owner, lienholder, mortgagee,
or vendor if the amount due such person is equal to, or in excess
of, the value of the item 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.
K. If the amount due to such person is less than the value of
the item, or if no bona fide claim is established, the item may be
forfeited to the state and may be sold pursuant to judgment of the
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court, as on sale upon execution, and as provided in Section 2-508
of Title 63 of the Oklahoma Statutes, except as otherwise provided
for by law.
L. A seized item taken or detained pursuant to this section
shall not be repleviable, but shall be deemed to be in the custody
of the petitioner or in the custody of the law enforcement agency.
The petitioner shall release the seized item to the owner of the
item if it is determined that the owner had no knowledge of the
illegal use of the item or if there is insufficient evidence to
sustain the burden of showing illegal use of the item. If the owner
of the property stipulates to the forfeiture and waives the hearing,
the petitioner may determine if the value of the item is equal to or
less than the outstanding lien. If such lien exceeds the value of
the item, the item may be released to the lienholder. A seized item
which has not been released by the petitioner shall be subject to
the orders and decrees of the court or the official having
jurisdiction thereof.
M. Attorney fees shall not be assessed against the state or the
petitioner for any actions or proceeding pursuant to this section.
N. The proceeds of the sale of any property shall be
distributed as follows, in the order indicated:
1. To the bona fide or innocent purchaser, conditional sales
vendor, or mortgagee of the item, if any, up to the amount of the
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interest of that person in the property, when the court declaring
the forfeiture orders a distribution to such person;
2. To the payment of the actual reasonable expenses of
preserving the item;
3. To the victim of the crime to compensate the victim for any
loss incurred as a result of the act for which the item was
forfeited; and
4. The balance to a revolving fund in the office of the county
treasurer of the county wherein the property was seized, to be
distributed as follows: one-half (1/2) to the investigating law
enforcement agency and one-half (1/2) to the district attorney to be
used to defray any lawful expenses of the office of the district
attorney. If the petitioner is not the district attorney, then the
one-half (1/2) which would have been designated to that office shall
be distributed to the petitioner.
O. If the court finds that the item was not used in the attempt
or commission of an act specified in subsection A of this section
and was not an item subject to forfeiture pursuant to subsection B
of this section, the court shall order the item released to the
owner as the right, title, or interest as determined by the court.
P. No vehicle, airplane, or vessel used by a person as a common
carrier in the transaction of business as a common carrier shall be
forfeited pursuant to the provisions of this section unless it shall
be proven that the owner or other person in charge of such
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conveyance was a consenting party or privy to the attempt or
commission of an act specified in subsection A or B of this section.
No item shall be forfeited pursuant to 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 by any person other than such owner while
the item 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.
Q. Whenever any item is forfeited pursuant to this section, the
district court having jurisdiction of the proceeding may order that
the forfeited item may be retained for its official use by the
state, county, or municipal law enforcement agency which seized the
item.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14063 GRS 12/31/25