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HI HB2052

Bill

Status

Introduced

1/19/2012

Primary Sponsor

Henry Aquino

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Amends forfeiture law to prohibit seizure of motor vehicles used primarily for personal use by the owner unless the owner has been convicted of the covered offense or a non-owner was convicted with the owner's knowledge and consent.

  • Requires criminal conviction as a prerequisite for forfeiting personal-use motor vehicles, preventing civil forfeiture proceedings alone from resulting in vehicle loss.

  • Maintains existing protections allowing forfeiture of real property only when the covered offense is chargeable as a felony and preserving the rights of secured parties with bona fide security interests.

  • Modifies section 712A-11(6) to clarify that acquittal or dismissal in criminal proceedings does not preclude civil forfeiture actions, except for personal motor vehicles under the new restrictions.

  • Effective upon approval.

Legislative Description

Law Enforcement; Forfeitures; Personal Motor Vehicles; Criminal Conviction Required

Last Action

(H) Re-referred to JUD, FIN, referral sheet 29

2/15/2012

Committee Referrals

Judiciary2/15/2012
Transportation1/20/2012
Judiciary1/19/2012

Full Bill Text

No bill text available