HB 2149 Summary

• Requires criminal conviction before property forfeiture in most cases, except when conviction is impossible due to death, incompetence, unavailability, or witness immunity.

• Establishes new pretrial replevin hearing procedures allowing defendants or property owners to request return of seized property if it is likely to be returned at final judgment, not needed for investigation, or necessary for legal representation.

• Prohibits law enforcement from requesting or requiring persons to waive forfeiture rights and declares such waivers null and void.

• Adds exemptions from forfeiture for homesteaded real property, vehicles valued under $2,500, and currency totaling $500 or less.

• Shifts burden of proof in forfeiture proceedings so that once a claimant establishes ownership interest, the state must prove the property should be forfeited rather than the claimant proving exemption.

• Authorizes public defender representation in forfeiture proceedings and allows claimants to petition for excessive forfeiture determinations based on constitutional grounds.