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ID H0172
Bill
Status
2/14/2017
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Allows property subject to forfeiture to be subject to replevin (repossession) upon a court finding that it is reasonably necessary for the owner's employment or personal use, will not be disposed of or used for criminal activity, and reasonable security has been posted.
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Requires courts to determine whether property forfeiture is proportionate to the crime alleged, charged, or proven, considering factors including nature and severity of crime, fair market value, intangible value, hardship to defendant, and effect on defendant's family or financial circumstances.
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Removes requirement that courts order payment of state and law enforcement agency costs incurred during seizure and forfeiture proceedings for cases involving innocent owners with bona fide security interests.
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Establishes annual reporting requirements for all law enforcement agencies to submit detailed forfeiture information to the state controller's office by August 31, including seizure details, case outcomes, property disposition, and values.
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Clarifies that mere possession of United States currency without other indicia is insufficient probable cause for seizure.
Legislative Description
Amends existing law to revise which property is subject to civil forfeiture and under which conditions, to establish a right of replevin upon court order, to require certain findings by the court, to remove payment of the state's costs, to provide for disposition of the seized property and to establish reporting requirements.
CIVIL FORFEITURES
Last Action
Reported Printed and Referred to Judiciary, Rules & Administration
2/15/2017