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MO SB1047
Bill
Status
3/1/2010
Primary Sponsor
Robin Wright-Jones
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AI Summary
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Repeals and re-enacts section 542.301, RSMo, governing disposition of seized property that has not been forfeited or returned to claimants.
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Establishes 60-day deadlines for prosecuting attorneys and the attorney general to file disposition motions after law enforcement requests, or provide written notice of reasons property cannot be disposed; allows law enforcement to file their own motion if neither complies.
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Requires property claimed within one year of seizure to be delivered to entitled persons after court hearing with notice to all interested parties; unclaimed property after one year becomes abandoned and must be converted to cash and turned over to the county treasurer.
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Provides for public sale of unclaimed seized property with proceeds (less expenses) paid to county treasury; allows destruction of unsalable or perishable property; exempts weapons and drug-related property from return and subjects them to forfeiture to the state.
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Requires forfeiture proceedings to provide clear and convincing evidence and reasonable opportunity for interested parties to appear; includes provisions for obscene matter and pornographic material for minors seized under search warrants.
Legislative Description
Modifies provisions governing the disposition of unclaimed property seized by law enforcement
Last Action
Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
3/4/2010