Bill > SB1235

This bill establishes legal protections for personal property seizures by municipalities, counties, and the state of Oklahoma, focusing on due process and property rights. The legislation defines two key terms: "abandoned" property (intentionally relinquished by the owner) and "unabandoned" property (still in the owner's possession, even if temporarily unattended). Under the bill, government entities can only seize personal property on public property if there is an objectively reasonable belief that the property is abandoned, poses an immediate public health or safety threat, is evidence of a crime, or is contraband. Before seizing abandoned property, the government must post a written notice near the item specifying the intended seizure, location of storage, and how the owner can reclaim it. For unabandoned property, the government must provide verbal notifications to the owner at least 48 and 24 hours before removal, and then post a written notice after removal indicating where the property is stored. Once removed, unabandoned property must be securely maintained for at least 90 days, after which it may be disposed of, with specific exceptions for important personal documents like birth certificates, identification, and unexpired prescription medications. The bill is grounded in the Fourteenth Amendment's protections of due process and equal protection, aiming to ensure that property rights are respected by government entities.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1235&Session=2600