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ID S1123
Bill
Status
4/3/2013
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Establishes comprehensive civil forfeiture procedures for real and personal property used in violations of prostitution laws, including inducing minors into prostitution and procurement (sections 18-5618 through 18-5631, Idaho Code).
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Requires peace officers to create written inventories of seized property within five days and submit copies to the Idaho State Police director; mandates attorneys general or prosecuting attorneys file separate forfeiture requests within fourteen days of criminal charges.
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Creates a rebuttable presumption that property acquired during or shortly after prostitution violations with no likely legitimate source is subject to forfeiture if state proves preponderance of evidence.
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Establishes procedures for notice to co-owners and interested parties with rights to file verified answers within twenty days and receive hearings; allows innocent co-owners, lienholders, and mortgagees to claim exemptions from forfeiture.
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Directs courts to ensure forfeiture is proportional to actual violations and authorizes disposition of forfeited property through sale with proceeds distributed to pay costs, satisfy innocent interests, and fund victim compensation accounts.
Legislative Description
Adds to existing law to provide for the forfeiture of property used in human trafficking.
PROSTITUTION
Last Action
Signed by Governor on 04/03/13 Session Law Chapter 249 Effective: 07/01/13
4/3/2013