SB1556 Summary

• Requires criminal conviction (with limited exceptions) before property can be civilly forfeited, establishing that the state must prove by clear and convincing evidence that property is subject to forfeiture and relates to a convicted offense.

• Establishes new procedures for property seizure and forfeiture claims, including a 60-day window for owners/interest holders to file claims and a right to a hearing within 30 days of filing a motion for property return.

• Creates postdeprivation hearing rights allowing defendants and property claimants to recover property if it is likely the final judgment will require return, if not needed as evidence, or if it is the only reasonable means to pay for legal representation.

• Protects innocent owners by requiring clear and convincing evidence of their actual knowledge of the underlying crime before their property can be forfeited, and preventing forfeiture of vehicles used as common carriers unless the owner was a consenting party to the crime.

• Restricts federal transfer of seized property to cases where the gross estimated value exceeds $75,000 and prohibits transfer when only state law violations are involved, strengthening state control over state seizures.