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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 74. STATE GOVERNMENT

  § 74-150.11. Evidentiary property – Disposition.  

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  • 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.

    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.