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MO SB853
Bill
Status
1/28/2010
Primary Sponsor
Joseph Keaveny
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AI Summary
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Amends section 542.301, RSMo, to allow law enforcement agencies to file motions for disposition of seized property if the prosecuting attorney and attorney general fail to do so within 60 days each.
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Establishes a three-step process: prosecuting attorney has 60 days to file a disposition motion, then attorney general has 60 days if prosecutor fails, then law enforcement agency may file on its own behalf.
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Property unclaimed within one year of seizure and no longer useful as evidence may be sold at public sale, with proceeds (less preservation and sale expenses) paid to county treasury, or destroyed if unsalable.
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Defines "seized property that has ceased to be useful as evidence" to include property in cases where the prosecuting or circuit attorney has refused to seek an arrest warrant and the statute of limitations has run.
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Property remaining in custody after three years following seizure and no longer useful as evidence is deemed abandoned, converted to cash, and turned over to the treasurer.
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Includes emergency clause making the act effective upon passage and approval.
Legislative Description
Allows a law enforcement agency to file a motion, on its own behalf in circuit court, to properly dispose of seized property
Last Action
Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
2/4/2010