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OK SB1189
Bill
Status
2/1/2016
Primary Sponsor
Kyle Loveless
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AI Summary
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Requires a criminal conviction before property can be forfeited under the Uniform Controlled Dangerous Substances Act, with exceptions for cases where the person dies, is deported, flees after arrest, receives immunity, abandons property, or when property exceeds $50,000 in value
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Raises the burden of proof from "preponderance of the evidence" to "clear and convincing evidence" for forfeiture proceedings and guarantees the right to a jury trial in forfeiture actions
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Creates the Forfeited Assets Distribution Revolving Fund managed by a 15-member Forfeited Assets Distribution and Oversight Board, redirecting forfeiture proceeds from individual law enforcement agency accounts to this centralized fund for grants supporting drug eradication, interdiction, and treatment
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Requires seized property to be returned to claimants if no charges are filed within 30 days (extendable to 60 days for good cause) and mandates courts award attorney fees and costs to innocent owners who successfully recover their property
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Prohibits transfers of seized property or sale proceeds to federal agencies unless the cash seized exceeds $50,000, and requires law enforcement agencies to submit annual public reports on seized property and its disposition
Legislative Description
Asset forfeiture; modifying eligibility and procedures. Effective date.
Last Action
Second Reading referred to Judiciary
2/2/2016