OK HB1382

Property used in, intended for use in, derived from, or traceable to violations of the Oklahoma Antiterrorism Act is subject to civil forfeiture to the state.

Forfeiture proceedings require notice to property owners within 45 days, with owners allowed to file verified claims; if no claim is filed, the court may order forfeiture upon proving unlawful use by preponderance of evidence.

Forfeited property proceeds are allocated first to injured persons with claims, then to bona fide lienholders/mortgagees, then to preservation expenses, with remaining balance split equally between investigating law enforcement and prosecuting agencies.

A revolving "Antiterrorism Forfeiture Fund" is created in the State Treasury for the Attorney General's office to receive and disburse forfeiture proceeds.

Persons injured by Oklahoma Antiterrorism Act violations may sue for three times actual damages or $10,000 minimum, whichever is greater, plus attorney fees, with a 5-year statute of limitations; effective November 1, 2015.