SB222 Summary

• Eliminates civil asset forfeiture in Delaware, requiring criminal conviction as prerequisite for all forfeitures under state law.

• Establishes that forfeiture of property requires proof by clear and convincing evidence that seized property is forfeitable, with burden on the State.

• Protects innocent partial or joint owners from forfeiture by requiring the State to prove actual knowledge or willful blindness of underlying crime.

• Requires law enforcement to provide itemized receipts for seized property, maintain detailed records, and report all forfeitures monthly to the State Auditor of Accounts.

• Directs forfeiture proceeds to be distributed in priority order for expenses, restitution, investigation costs, and child support before remaining funds go to state general fund.

• Prohibits law enforcement agencies from retaining forfeited property for their own use and prevents transfers of investigations to federal government to circumvent state forfeiture law.

• Entitles owners who prevail in forfeiture actions to recover reasonable attorney fees, litigation costs, and interest on seized currency and negotiable instruments.