SB 838 Summary

• Establishes the "Personal Asset Protection Act" requiring criminal conviction for forfeiture of property related to Uniform Controlled Dangerous Substances Act violations.

• Changes burden of proof standard from preponderance to "clear and convincing evidence" for forfeiture of property acquired during or after the violation period.

• Grants defendants right to trial by jury in forfeiture actions and allows bifurcation of forfeiture trial from related criminal proceedings upon defendant's motion.

• Redirects forfeited currency and proceeds (except those from Oklahoma State Bureau of Narcotics and Dangerous Drugs Control) to the General Revenue Fund instead of law enforcement revolving funds.

• Requires all seizing agencies to maintain accurate inventory and records of seized property and follow Section 2-506 notification and disposition procedures.

• Effective date: November 1, 2015.