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ND HB1286

Bill

Status

Passed

5/2/2019

Primary Sponsor

Rick Becker

Click for details

Origin

House of Representatives

66th Legislative Assembly

AI Summary

  • Raises the standard of proof for civil forfeiture proceedings from preponderance of evidence to clear and convincing evidence.

  • Requires the state to establish a valid seizure and demonstrate property meets forfeiture requirements at contested hearings, shifting burden to property owners to prove the property should not be forfeited.

  • Prohibits forfeiture of vehicles valued under $2,000 unless modified to conceal contraband or currency, and prohibits forfeiture of homestead real property.

  • Creates mandatory public reporting requirements for all civil forfeiture judgments, including case details, property value, settlement information, and attorney fees, with annual summary reports to the legislature and governor.

  • Authorizes the attorney general to compel compliance with reporting requirements and allow law enforcement agencies to use forfeiture proceeds to cover costs of data compilation and reporting.

Legislative Description

Forfeiture proceedings, contested forfeiture hearings, and legal interests in forfeited property.

Last Action

Signed by Governor 05/01

5/2/2019

Committee Referrals

Judiciary2/27/2019
Appropriations2/18/2019
Judiciary1/3/2019

Full Bill Text

No bill text available