Senate Bill 727 Summary

• Requires a pretrial hearing to determine validity of property seizure before civil forfeiture proceedings, with defendants or third-party claimants having the right to challenge the seizure within 30 days of filing a motion.

• Allows courts to order return of seized funds or property if likely the final judgment will favor the claimant, the property is not needed for investigation or evidence, or the property is the only practical means for a defendant to pay for legal representation.

• Modifies forfeiture procedures to require circuit courts to schedule pretrial hearings at least 41 days from first publication of notice, with the state required to file answers showing probable cause at least 10 days before the hearing.

• Expands civil forfeiture authority to include property used in livestock theft crimes and requires written assurance or security bonds as alternatives to property seizure when appropriate.

• Changes the standard of proof at forfeiture hearings from "preponderance of the evidence" to "clear and convincing evidence" in certain drug forfeiture cases under § 5-64-505.