HB 115 - Civil Asset Forfeiture Reform

• Requires conviction (guilty plea, no contest plea, or pretrial diversion completion) before property forfeiture, except for controlled substances and drug paraphernalia.

• Shifts burden to State to prove all forfeiture facts by clear and convincing evidence and requires proof that non-defendant owners knew of or consented to unlawful activity.

• Eliminates presumptions that cash with drug traces or cash near drugs is presumed forfeitable; prohibits civil forfeiture of currency under $1,000.

• Mandates court hearings before forfeiture with proportionality analysis comparing property value to crime severity; requires State to pay prevailing party's reasonable attorney fees.

• Redirects forfeiture proceeds to General Fund instead of Special Law Enforcement Assistance Fund and prohibits transferring seized property to federal agencies except for currency exceeding $100,000; requires Attorney General to publish annual forfeiture statistics.