HB 2851 Summary

• Establishes civil forfeiture provisions under the Oklahoma Antiterrorism Act, allowing the state to seize property used in, intended for use in, or derived from violations of the Act.

• Creates a private civil cause of action for persons injured by antiterrorism violations to recover three times actual damages or $10,000 (whichever is greater), plus attorney fees.

• Allocates forfeited proceeds in priority order: investigation costs to law enforcement, 25% to prosecutors, remaining investigation costs to participating agencies, mitigation/seizure costs, and finally to satisfy injury judgments.

• Requires court orders for property seizure, with limited exceptions for seizures incident to lawful arrest/search or when property was previously subject to forfeiture judgment.

• Establishes a 5-year statute of limitations for both forfeiture claims and private cause of action claims; effective date November 1, 2014.