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DE HB280

Bill

Status

Passed

8/29/2024

Primary Sponsor

Kimberly Williams

Click for details

Origin

House of Representatives

152nd General Assembly

AI Summary

HB 280 - Civil Asset Forfeiture Reform

  • Requires criminal charges to be filed before property can be seized or forfeited, except for controlled substances and drug plants which remain subject to summary forfeiture.

  • Shifts burden of proof to the State to prove by preponderance of evidence that owners or secured parties had knowledge of or consented to unlawful acts, rather than placing burden on property owners to prove innocence.

  • Prohibits forfeiture of currency under $500 and establishes innocent owner protections for vehicles, real property, and money that were subject to unlawful acts committed without the owner's knowledge or consent.

  • Requires the Department of Justice to publish annual reports detailing all seizures, property types, demographic data, criminal case outcomes, and forfeiture proceedings, with reports delivered to state officials and archives.

  • Makes parties responsible for towing, storage, and maintenance costs liable for property damage from seizure to return, and requires the State to pay reasonable attorney fees when claimants substantially prevail in civil forfeiture proceedings.

Legislative Description

An Act To Amend Titles 11 And 16 Of The Delaware Code Relating To Civil Asset Forfeiture.

Last Action

Signed by Governor

8/29/2024

Committee Referrals

Finance6/18/2024
Judiciary6/11/2024
Appropriations5/14/2024
Public Safety & Homeland Security5/9/2024

Full Bill Text

No bill text available