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DE SB60

Bill

Status

Introduced

4/5/2017

Primary Sponsor

Colin Bonini

Click for details

Origin

Senate

149th General Assembly

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

Committee Referrals

Judicial & Community Affairs4/5/2017

Full Bill Text

No bill text available