SB 621 Summary

• Creates the "Asset Forfeiture Process and Private Property Protection Act" establishing exclusive state procedures for asset forfeiture, eliminating civil asset forfeiture and requiring criminal conviction as prerequisite for forfeiture.

• Limits forfeiture to property derived from or used in commission of crimes carrying felony penalties that explicitly include forfeiture; requires clear and convincing evidence that property meets forfeiture criteria.

• Prohibits local ordinances authorizing forfeiture and restricts transfers of cases to federal government to circumvent state law; requires state court finding that activity is interstate and sufficiently complex to justify federal transfer.

• Establishes protections for innocent owners including presumption against forfeiture of property owned by spouses or dependents who did not consent to or know of criminal activity; allows innocent owners to retain property, sever interests, or receive state compensation.

• Mandates comprehensive reporting requirements to state agency on all forfeitures including amounts, underlying crimes, and firearm details; requires court approval before distributing forfeited funds and limits use to expenses, restitution, investigation costs, and child support before depositing remainder in general fund.