Loading chat...
DE SB60
Bill
Status
4/5/2017
Primary Sponsor
Colin Bonini
Click for details
AI Summary
SB 60 Summary
-
Establishes "Asset Forfeiture Process and Private Property Act" creating exclusive statewide forfeiture procedures requiring criminal conviction before property seizure and clear and convincing evidence standard.
-
Eliminates civil asset forfeiture entirely; forfeitures only permitted following conviction of a felony "law subject to forfeiture" that explicitly includes forfeiture as a penalty.
-
Protects innocent property owners through multiple mechanisms including court-appointed counsel for indigent claimants, presumption against forfeiture for joint/partial owners, and pretrial replevin hearings to recover property before trial.
-
Requires forfeited proceeds to follow strict priority order: storage costs, liens, victim restitution, investigation costs (excluding salaries), child support, employee wages, and unsecured creditor claims, with remainder to general fund.
-
Mandates comprehensive monthly reporting to State Auditor of Accounts on all forfeitures including property details, underlying crimes, and disposition, with annual public report and oversight authority over non-compliant agencies.
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Asset Forfeiture Process And Provate Property Protection.
Last Action
Introduced and Assigned to Judicial & Community Affairs Committee in Senate
4/5/2017