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OK HB3836
Bill
Status
2/2/2026
Primary Sponsor
Tom Gann
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AI Summary
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Eliminates civil asset forfeiture in Oklahoma, requiring a criminal conviction before property can be forfeited and requiring the state to prove by clear and convincing evidence that property was an instrumentality or proceeds of the offense
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Mandates return of seized property within 15 days if no charges are filed within 60 days, or if charges result in dismissal, acquittal, or deferred prosecution
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Imposes civil penalties of at least $250 per day for agencies wrongfully retaining property, plus attorney fees, and treble damages for intentional misconduct; criminal penalties include fines of $1,000-$5,000 and up to one year in jail for first offense
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Directs all forfeiture proceeds to the General Revenue Fund rather than to seizing agencies, and prohibits transfers to federal agencies unless property exceeds $50,000 and involves a certified interstate criminal enterprise
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Requires the Office of Management and Enterprise Services to maintain a public online dashboard tracking all seizures, forfeiture actions, and penalties assessed against agencies
Legislative Description
Asset forfeiture; creating the Asset Forfeiture Due Process and Property Rights Restoration Act; defining terms; repealers; codification; effective date.
Last Action
Referred to Criminal Judiciary
2/3/2026