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IN SB0099
Bill
AI Summary
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Prosecuting attorneys must file an affidavit of probable cause within 7 days after property seizure; if the court finds no probable cause, property must be returned to the owner
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Owners of seized real property or vehicles (if not operating at time of seizure) may petition for provisional release of property pending final forfeiture determination by demonstrating ownership, family benefit, insurance coverage, and lack of knowledge of illegal use
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Forfeiture action filing deadlines shortened from 90 days to 21 days after owner demands return, or from 180 days to 90 days after seizure, whichever occurs first
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Forfeiture proceeds distributed as follows: attorney fees first, then 1/3 to prosecuting attorney's forfeiture fund, 85% of remainder to state/unit general fund or drug task force fund, and remaining proceeds to the common school fund
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Contingency fees for retained attorneys capped at 33 1/3% of the first $10,000, 20% of amounts between $10,000-$100,000, and 15% of amounts over $100,000; prosecuting attorneys and deputies may not receive contingency fees for actions conducted within scope of their duties
Legislative Description
Civil forfeiture. Requires the prosecuting attorney to file an affidavit of probable cause with a court not later than seven days after property is seized, and provides for the return of the property to the owner if the court does not find probable cause. Establishes a procedure for an owner of real property or of a vehicle (if the owner was not operating the vehicle at the time of the seizure) to obtain provisional custody of the seized property pending a final forfeiture determination. Makes the time limit for filing a forfeiture action: (1) 21 days, if the owner has
Last Action
Public Law 47
3/13/2018