This bill amends Section 2002 of Title 21 of the Oklahoma Statutes, which governs criminal seizure and forfeiture proceedings. The key modification is the change in the burden of proof required for forfeiture hearings, shifting from a "preponderance of the evidence" standard to a "clear and convincing evidence" standard. Additionally, the bill specifies that notice of seizure and intended forfeiture must be given to all owners and parties in interest, and it outlines the procedures for notifying known and unknown parties. The bill also clarifies the conditions under which seized items may be returned to their owners and establishes the distribution of proceeds from the sale of forfeited property.
Furthermore, the bill includes provisions that protect innocent owners from forfeiture if they can demonstrate that they had no knowledge of the illegal use of the item. It stipulates that no vehicle, airplane, or vessel used as a common carrier can be forfeited unless it is proven that the owner was complicit in the illegal activity. The bill also ensures that attorney fees will not be assessed against the state or the petitioner in these proceedings. The effective date for this legislation is set for November 1, 2026.