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ID H0447
Bill
Status
3/21/2018
Primary Sponsor
Judiciary, Rules and Administration Committee
Click for details
AI Summary
House Bill 447 - Civil Forfeitures Summary
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Allows property seized under forfeiture laws to be subject to replevin (retrieval by owner) upon court finding that property is reasonably necessary for employment or personal use, will not be used for criminal activity, and reasonable security is posted, or that seizure violated law provisions.
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Requires courts to determine whether property forfeiture is proportionate to the crime alleged, charged, or proven, considering factors including crime severity, fair market value, property's intangible value, hardship to defendant, and effect on defendant's family or finances.
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Removes provision allowing courts to order defendants to pay costs incurred by state or law enforcement agencies as result of seizure in certain conveyance forfeiture cases.
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Establishes annual reporting requirements for state and local law enforcement agencies to retain and submit detailed information about seized and forfeited property to county prosecutors, with 7-year retention period.
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Changes language regarding when property may be seized and held, clarifying that property subject to replevin is only prohibited if it has evidentiary value in underlying criminal case.
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 certain costs, to provide for disposition of the seized property and to establish reporting requirements.
CIVIL FORFEITURES
Last Action
Reported Signed by Governor on March 21, 2018 Session Law Chapter 221 Effective: 07/01/2018
3/21/2018