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IN SB0026
Bill
Status
1/3/2017
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
Senate Bill No. 26 Summary
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Law enforcement must identify property owners and provide written notice of intent to seek forfeiture within 10 days of seizure, including property description and agency contact information.
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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 or interest holders may file a motion for hardship release at any time after seizure; courts must release property if owner proves possessory interest and that continued possession causes substantial hardship outweighing forfeiture risks.
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Courts must determine whether forfeiture would be disproportional to the offense, with prosecutors bearing the burden of proving proportionality by clear and convincing evidence; courts must dismiss forfeiture actions if disproportionality is found.
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Effective July 1, 2017.
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 Corrections and Criminal Law
1/3/2017