HF1236 Summary

• Restricts vehicle forfeiture for driving while impaired (DWI) offenses to only first-degree or second-degree DWI violations, or DWI violations within ten years of two or more prior impaired driving incidents, effective January 1, 2021.

• Creates "innocent owner" protections allowing non-offending vehicle owners to claim their property by notifying prosecutors within 60 days of seizure and proving by preponderance of evidence they lacked knowledge of unlawful use or took reasonable steps to prevent it.

• Increases threshold for forfeiture of conveyance devices in controlled substance cases from $75 to $100 in retail value and requires they be used in transportation or exchange for distribution or sale.

• Prohibits state agencies from directly or indirectly transferring forfeited property to federal agencies if the transfer would circumvent state law, limiting participation in federal equitable sharing programs.

• Requires comprehensive reporting to the state auditor on all forfeitures including amount, statutory authority, contested status, and expenditures, with public disclosure and annual legislative reports; establishes legislative audit of forfeiture and ignition interlock program efficacy by August 1, 2023.