S.B. 149 - Property Forfeiture Reform Summary

• Requires criminal conviction for forfeiture: Property can only be forfeited after the owner is convicted of a covered criminal felony or misdemeanor offense, eliminating civil forfeiture without conviction.

• Raises standard of proof to "beyond a reasonable doubt": Changes from the current "preponderance of the evidence" standard, requiring the State to prove knowledge and consent of the owner regarding the crime.

• Eliminates financial incentives for law enforcement: Redirects all forfeiture proceeds to the state general revenue fund for public education instead of allowing law enforcement agencies to retain portions of seized property sales.

• Requires agencies to pay storage costs: The seizing agency must bear all expenses for safe and secure storage of seized property until forfeiture proceedings conclude or property is disposed of.

• Repeals administrative forfeiture: Eliminates the administrative forfeiture process; all forfeiture proceedings must now be conducted in circuit court with judicial oversight.