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IN SB0123
Bill
Status
1/5/2016
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
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Law enforcement agencies must identify property owners and provide written notice of intent to seek forfeiture within 10 days of seizure, delivered in person or by certified mail.
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Prosecuting attorneys must prove by clear and convincing evidence that the property owner was convicted of or pleaded guilty/nolo contendere to the offense giving rise to forfeiture before property may be forfeited.
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Property owners may file a motion for hardship release at any time after seizure; courts must order release if the owner establishes possessory interest and proves continued seizure causes substantial hardship outweighing forfeiture risks.
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Courts must determine whether property forfeiture is disproportional to the offense; prosecuting attorney bears burden of proving proportionality by clear and convincing evidence, considering factors including offense gravity, property value, and hardship to owner.
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If court finds forfeiture disproportional to the offense, it shall dismiss the forfeiture complaint entirely or, for seized currency, partially dismiss the amount determined disproportional.
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Effective July 1, 2016.
Legislative Description
Seizure and forfeiture of property used in crimes. Provides that when property is seized under the law concerning forfeiture of property used in violation of certain criminal statutes, the state or local law enforcement agency making the seizure shall: (1) identify the owner of the property; and (2) provide the owner with notice of the intent of the state or local unit of government to seek forfeiture of the property. Requires a prosecuting attorney to show by clear and convincing evidence that the owner of the property was: (1) convicted of; or (2) entered a plea of guilty or nolo
Last Action
First reading: referred to Committee on Judiciary
1/5/2016