Oklahoma HB3836 establishes the Asset Forfeiture Due Process and Property Rights Restoration Act, enhancing protections for property owners and.
Oklahoma HB3836 creates the Asset Forfeiture Due Process and Property Rights Restoration Act, which mandates that property can only be forfeited after a criminal conviction and requires the state to prove by clear and convincing evidence that the property is an instrumentality or proceeds of the offense. It allows property owners to assert an innocent-owner defense, shifting the burden of proof to the state. The act mandates the return of property within 15 days if no criminal charges are filed or if charges are dismissed, acquitted, or deferred.
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- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
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