Senate Bill 299 Summary

• Property may be forfeited to the state only if the owner has been convicted of the related criminal offense, requiring the state to prove this by clear and convincing evidence.

• Creates a new forfeiture proceeding (Section 4.1) that must begin within 7 days after conclusion of the criminal trial and can be held immediately after jury verdict before the same judge and jury.

• Court must consider proportionality of forfeiture, including fair market value, hardship to defendant and family members, and whether the forfeiture amount exceeds the pecuniary gain or loss from the crime.

• Repeals the provision allowing property to be transferred to federal authorities for disposition, effectively ending federal civil asset forfeiture cooperation under this statute.

• Restricts recoverable law enforcement costs to only those directly incurred in arresting, investigating, and prosecuting the property owner, excluding costs related to other persons.