H.B. 1965 - Property Forfeiture Reform

• Restricts civil asset forfeiture to cases where a person exercising control over property was charged with a related offense, all owners are unknown, or the owner assisted law enforcement in a related investigation

• Raises the burden of proof for property forfeiture from preponderance of the evidence to clear and convincing evidence in both administrative and judicial proceedings

• Requires forfeited property (other than currency) to be transferred to the attorney general, who may loan it to state or local agencies for no longer than 12 months before returning it

• Redirects forfeiture proceeds to state and local government units involved in the seizure and prosecution (one-quarter each), with remaining proceeds deposited to the state general fund instead of providing ongoing distributions to law enforcement agencies

• Limits the criminal forfeiture fund to covering only administrative and sale expenses, eliminating previous uses for supplemental law enforcement funding, officer training, and awards for information