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ID H0202
Bill
Status
3/2/2017
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Allows property seized in civil forfeiture cases to be subject to replevin (recovery) upon a court finding that property 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 a property forfeiture is proportionate to the crime alleged, charged, or proven, considering factors including the nature and severity of the crime, fair market value of property, hardship to the defendant, and effects on the defendant's family or financial circumstances.
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Removes provisions requiring property owners to pay state costs incurred in seizure and forfeiture proceedings; repeals prior law authorizing the state to collect these costs from proceeds of property sales.
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Establishes mandatory reporting requirements for state and local law enforcement agencies, requiring annual submission to county prosecutors of detailed information about seized and forfeited property, including seizure dates, property descriptions, criminal charges, case outcomes, and property disposition, with retention for seven years.
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Clarifies that mere possession of U.S. currency without other evidence of criminal activity is insufficient probable cause for seizure, and specifies procedures for notice, hearings, and distribution of proceeds from forfeited property sales.
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
Returned from Governor vetoed on April 6, 2017
3/29/2017