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AR SB560

Bill

Status

Passed

4/30/2021

Primary Sponsor

Alan Clark

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Origin

Senate

93rd General Assembly (2021 Regular)

AI Summary

  • Prosecuting attorneys must file civil asset forfeiture complaints within 60 days of receiving a confiscation report, or within 60 days of a defendant's conviction for real property, with a maximum deadline of 120 days from seizure or conviction
  • Prosecuting attorneys must mail a copy of the forfeiture complaint to the Arkansas Drug Director within 5 calendar days after filing
  • Property owners and interest holders arrested for the underlying offense must be proven against by a preponderance of the evidence standard, while third parties not arrested require clear and convincing evidence for forfeiture
  • Third party claimants not arrested for the underlying offense have 45 days to file an answer to the complaint, compared to the standard civil procedure timeline for arrested persons
  • Drug control funds from forfeitures may be used for law enforcement and prosecutorial purposes, including grants up to $1,000 to families of law enforcement officers who die in the prosecuting attorney's jurisdiction

Legislative Description

To Be Known As The "arkansas Civil Asset Forfeiture Reform Act Of 2021".

Last Action

Notification that SB560 is now Act 1023

4/30/2021

Committee Referrals

Judiciary3/31/2021
Judiciary3/17/2021

Full Bill Text

No bill text available