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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1235 By: Rader
AS INTRODUCED
An Act relating to personal property; providing
legislative intent; defining terms; prohibiting
municipality from seizing certain personal property;
requiring municipality to provide certain notices;
requiring certain removed personal property to be
maintained by municipality for certain period;
prohibiting county from seizing certain personal
property; requiring county to provide certain
notices; requiring certain removed personal property
to be maintained by county for certain period;
prohibiting state from seizing certain personal
property; requiring state to provide certain notices;
requiring certain removed personal property to be
maintained by state for certain period; providing for
noncodification; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds that the Fourteenth Amendment to the
United States Constitution guarantees that no state shall make or
enforce any law which shall abridge the privileges or immunities of
the United States; nor shall any state deprive any person of life,
liberty, or property, without due process of law; nor deny to any
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person within its jurisdiction the equal protection of the laws.
Based on this finding, it is the intent of the Legislature to ensure
that the provisions of the Fourteenth Amendment are fully
implemented within this state.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 22-110.2 of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Abandoned” means personal property that was left by an
owner who intentionally relinquishes all rights to its control; and
2. “Unabandoned” means personal property that remains in the
possession of the owner of such property, even if left temporarily
unattended in a public space.
B. No municipality shall seize personal property located on
public property absent an objectively reasonable belief that the
property is abandoned, presents an immediate threat to public health
or safety, is evidence of a crime, or is contraband.
C. Prior to seizing any abandoned personal property located on
public property on the belief that it is abandoned, the municipality
shall post written notice in a prominent place in proximity to such
property to be seized that the property has been deemed abandoned
and is to be seized within forty-eight (48) hours. Such written
notice shall advise where the property will be kept upon seizure and
when and how it may be claimed by the rightful owner.
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D. 1. Prior to removing any unabandoned personal property
located on public property, the municipality shall provide verbal
notification to the rightful owner of such property that such
personal property is located on public property and may be subject
to removal. The municipality shall deliver such verbal notification
twice, once at least forty-eight (48) and once at least twenty-four
(24) hours prior to the removal of such property.
2. If the owner of such unabandoned personal property has not
removed such from public property by the time of removal, the
municipality shall remove the property and post written notice in a
prominent place in proximity to where the removal occurred. Such
written notice shall advise where the property will be kept and when
and how it may be claimed by the rightful owner.
E. 1. Unabandoned personal property located on public property
removed by a municipality shall be maintained in a secure location
by the municipality for a period not less than ninety (90) days. If
after such period the property remains unclaimed by the rightful
owner, the municipality may dispose of such property.
2. The municipality shall not dispose of the following
property, even after the ninety-day period has elapsed:
a. birth certificates,
b. driver licenses, passports, or other forms of state-
issued or nationally issued identification, or
c. unexpired prescription medication.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 455.1 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Abandoned” means personal property that was left by an
owner who intentionally relinquishes all rights to its control; and
2. “Unabandoned” means personal property that remains in the
possession of the owner of such property, even if left temporarily
unattended in a public space.
B. No county shall seize personal property located on public
property absent an objectively reasonable belief that the property
is abandoned, presents an immediate threat to public health or
safety, is evidence of a crime, or is contraband.
C. Prior to seizing any abandoned personal property located on
public property on the belief that it is abandoned, the county shall
post written notice in a prominent place in proximity to such
property to be seized that the property has been deemed abandoned
and is to be seized within forty-eight (48) hours. Such written
notice shall advise where the property will be kept upon seizure and
when and how it may be claimed by the rightful owner.
D. 1. Prior to removing any unabandoned personal property
located on public property, the county shall provide verbal
notification to the rightful owner of such property that such
personal property is located on public property and may be subject
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to removal. The county shall deliver such verbal notification
twice, once at least forty-eight (48) and once at least twenty-four
(24) hours prior to the removal of such property.
2. If the owner of such unabandoned personal property has not
removed such from public property by the time of removal, the county
shall remove the property and post written notice in a prominent
place in proximity to where the removal occurred. Such written
notice shall advise where the property will be kept and when and how
it may be claimed by the rightful owner.
E. 1. Unabandoned personal property located on public property
removed by a county shall be maintained in a secure location by the
county for a period not less than ninety (90) days. If after such
period the property remains unclaimed by the rightful owner, the
county may dispose of such property.
2. The county shall not dispose of the following property, even
after the ninety-day period has elapsed:
a. birth certificates,
b. driver licenses, passports, or other forms of state-
issued or nationally issued identification, or
c. unexpired prescription medication.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1097.1 of Title 64, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. “Abandoned” means personal property that was left by an
owner who intentionally relinquishes all rights to its control; and
2. “Unabandoned” means personal property that remains in the
possession of the owner of such property, even if left temporarily
unattended in a public space.
B. This state shall not seize personal property located on
public property absent an objectively reasonable belief that the
property is abandoned, presents an immediate threat to public health
or safety, is evidence of a crime, or is contraband.
C. Prior to seizing any abandoned personal property located on
public property on the belief that it is abandoned, the state shall
post written notice in a prominent place in proximity to such
property to be seized that the property has been deemed abandoned
and is to be seized within forty-eight (48) hours. Such written
notice shall advise where the property will be kept upon seizure and
when and how it may be claimed by the rightful owner.
D. 1. Prior to removing any unabandoned personal property
located on public property, the state shall provide verbal
notification to the rightful owner of such property that such
personal property is located on public property and may be subject
to removal. The state shall deliver such verbal notification twice,
once at least forty-eight (48) and once at least twenty-four (24)
hours prior to the removal of such property.
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2. If the owner of such unabandoned personal property has not
removed such from public property by the time of removal, the state
shall remove the property and post written notice in a prominent
place in proximity to where the removal occurred. Such written
notice shall advise where the property will be kept and when and how
it may be claimed by the rightful owner.
E. 1. Unabandoned personal property located on public property
removed by the state shall be maintained in a secure location by the
municipality for a period not less than ninety (90) days. If after
such period the property remains unclaimed by the rightful owner,
the state may dispose of such property.
2. The state shall not dispose of the following property, even
after the ninety-day period has elapsed:
a. birth certificates,
b. driver licenses, passports, or other forms of state-
issued or nationally issued identification, or
c. unexpired prescription medication.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2285 MSBB 12/11/2025 9:05:01 AM