AR SB197

Replaces Arkansas's civil asset forfeiture system with a criminal forfeiture process by repealing previous civil forfeiture subchapters (5-5-2, 5-5-3, 5-5-4) and creating a new "Arkansas Criminal Forfeiture Act of 2021" (5-5-6).

Requires criminal conviction as prerequisite for forfeiture (with limited exceptions for defendant death, deportation, abandonment, or flight); establishes clear and convincing evidence standard and protections for innocent owners and secured interest holders.

Provides extensive due process protections including prompt post-seizure hearings, notice requirements, proportionality challenges, prohibition on waiver requests, and attorney's fee liability when claimants recover at least half the property value.

Restricts federal adoption of state forfeitures to cases involving currency exceeding $5,000; prohibits law enforcement from requesting waivers and from selling forfeited property to employees or related persons.

Specifies disposition of forfeited proceeds: restitution to victims first, then operational costs, with 80% to drug control fund and 20% to state Crime Lab Equipment Fund; includes accountability measures and audit requirements for law enforcement agencies.