Loading chat...
IN SB0097
Bill
Status
1/3/2019
Primary Sponsor
Philip Boots
Click for details
AI Summary
-
Requires a criminal conviction before non-abandoned property can be forfeited, with the state required to prove forfeiture elements by clear and convincing evidence rather than preponderance of evidence
-
Creates two separate forfeiture tracks: "uncontested forfeiture" for abandoned/unclaimed property (60+ days with no ownership claim) and "contested forfeiture" for property where someone asserts ownership
-
Establishes procedures for property owners to regain custody of seized property pending final forfeiture determination, including a hardship release option with hearing required within 10 days of filing
-
Limits recoverable law enforcement costs to expenses directly incurred in arresting/investigating the person who possessed the property and prosecuting the civil forfeiture action
-
Repeals the provision allowing transfer of seized property to federal authorities for disposition under federal forfeiture laws, effective July 1, 2019
Legislative Description
Forfeiture. Establishes a new procedure for civil forfeiture, and treats seized property in which a person asserts an ownership interest differently from seized property that is abandoned or unclaimed. Permits seized property that is not abandoned or unclaimed to be forfeited to the state only if the person who owned or used the property has been convicted of a criminal offense. Establishes procedures by which a property owner may regain custody of seized property pending a final determination of the forfeiture action. Specifies which law enforcement costs are recoverable in a forfeiture action. Repeals a provision permitting the state to turn over seized property to the federal government. Makes conforming amendments and repeals an obsolete section.
Last Action
First reading: referred to Committee on Corrections and Criminal Law
1/3/2019