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OK HB1112

Bill

Status

Passed

4/21/2014

Primary Sponsor

Wade Rousselot

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Amends Oklahoma law to authorize forfeiture of motor vehicles in two scenarios: persons with prior DUI/DWI convictions (Sections 11-902, 11-903, or 11-904) convicted of another such offense within 10 years where death or serious bodily injury occurred, or persons convicted of a third or subsequent felony DUI offense under Section 11-902

  • Requires district attorneys to file forfeiture motions within 30 days after verdict or plea; court must schedule hearings within 20-45 days with notice to vehicle owner, lienholders, and interested parties

  • Allows forfeiture if court determines by preponderance of evidence it serves incapacitation, public safety, deterrence, public condemnation, or satisfaction of criminal penalties

  • Modifies distribution of sale proceeds: first to satisfy lienholder interests, second to Department of Public Safety costs, third to satisfy impound expenses, fourth to other claimants, fifth to criminal penalties, sixth to district attorney (up to 25%), and seventh to Drug Abuse Education and Treatment Revolving Fund

  • Exempts vehicles leased for 90 days or less from forfeiture; vehicles sold at impound sales for towing and storage costs are not subject to subsequent forfeiture

Legislative Description

Motor vehicles; forfeiture of motor vehicles; effective date.

Motor Vehicles and Transportation

Last Action

Approved by Governor 04/21/2014

4/21/2014

Committee Referrals

Judiciary3/13/2014
Transportation2/5/2013

Full Bill Text

No bill text available