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HI HB2052
Bill
Status
1/19/2012
Primary Sponsor
Henry Aquino
Click for details
AI Summary
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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.
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Requires criminal conviction as a prerequisite for forfeiting personal-use motor vehicles, preventing civil forfeiture proceedings alone from resulting in vehicle loss.
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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.
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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.
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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