Oklahoma § 74-150.11 - Evidentiary property – Disposition

§ 74-150.11. Evidentiary property – Disposition

A. All property which comes into the possession of the Oklahoma

State Bureau of Investigation (OSBI), whether the same is stolen,

embezzled or otherwise, which the Bureau has held for at least one

(1) year unless said property is perishable, may be disposed of by

order of an Oklahoma County district court if the owner or owners of

said property are unknown or have not claimed the same. The

Director of the Oklahoma State Bureau of Investigation shall then be

authorized to sell, deposit, or otherwise dispose of such property

or any part thereof which is no longer needed to be held as evidence

or otherwise used in connection with any litigation.

B. 1. If cash or other legal tender is the subject of the

action, the Director shall file a petition in the district court of

Oklahoma County requesting authority to forfeit and deposit the

funds. The petition shall include the following information:

a.

description of the property,

b.

approximate date that the property came into

possession of the Director, and

c.

the names of the owner or owners, if known.

2. Upon the filing of the petition, notice of at least ten (10)

days shall be given to each known owner by the Director of the OSBI

by mailing a copy of the petition and notice of hearing to the

last-known address of each owner.

3. Notice of the hearing shall also be posted at the Oklahoma

County courthouse at the regular place assigned for the posting of

legal notices and in the public lobby at OSBI headquarters.

Oklahoma Statutes - Title 74. State Government

4. If no owner appears and establishes ownership to the cash or

legal tender, the court shall enter an order authorizing the

forfeiture of the funds to the OSBI. All monies forfeited shall be

deposited into the OSBI Revolving Fund.

C. 1. For disposition of all other seized property, the

Director shall file a petition in the district court of Oklahoma

County requesting authority to conduct a sale of the property. The

petition shall include the following information:

a.

description of the property,

b.

approximate date that the property came into the

possession of the Director, and

c.

the names of the owner or owners, if known.

2. Upon the filing of the petition, notice of at least ten (10)

days shall be given to each known owner by the Director of the OSBI

by mailing a copy of the petition and notice of hearing to the

last-known address of each owner.

3. Notice of the hearing shall also be posted at the Oklahoma

County courthouse at the regular place assigned for the posting of

legal notices and in the public lobby at OSBI headquarters.

4. If no owner appears and establishes ownership to the

property, the court shall enter an order authorizing the Director to

sell the property to the highest bidder after notice of at least

five (5) days of the auction has been given by publication in one

issue of a legal newspaper of record in Oklahoma County.

5. The Director shall make a return of sale, and when confirmed

by the court, the order confirming the sale shall vest title of the

property to the purchaser. The money received from the sale shall

be deposited in the OSBI Revolving Fund.

Added by Laws 1976, c. 259, § 11, operative July 1, 1976. Amended

by Laws 2002, c. 42, § 2, eff. Nov. 1, 2002.