Amends existing law to revise which property is subject to civil forfeiture and under which conditions, to establish a right of replevin upon court order, to require certain findings by the court, to remove payment of the state's costs, to provide for disposition of the seized property and to establish reporting requirements.
CIVIL FORFEITURES -- Amends existing law to revise which property is subject to civil forfeiture and under which conditions, to establish a right of replevin upon court order, to require certain findings by the court, to remove payment of the state's costs, to provide for disposition of the seized property and to establish reporting requirements.
STATEMENT OF PURPOSE
This legislation changes the current code regarding civil asset forfeitures in several regards. Notably, modifications include: (1) vehicles would not be subject to forfeiture in connection with mere possession of a controlled substance; they would have to have been used in connection with trafficking offenses as enumerated, or to comprise ill-gotten gains; (2) property that is merely in proximity to a controlled substance is not subject to forfeiture absent a meaningful connection to a violation of the chapter; (3) mere presence of U.S. currency is not sufficient cause for a seizure or forfeiture; (4) creating a right of replevin of property while proceedings are pending provided the owners can show necessity and security; (5) courts must determine whether a property forfeiture is proportionate to the crime alleged, as is currently reflected in case law; (6) an obsolete publication provision is removed; (7) innocent owners are absolved of having to pay the state's costs associated with the seizure; (8) law enforcement may not bypass the disposition procedures and retain property without judicial approval; and (9) reporting requirements regarding forfeited property are instituted.
LATEST ACTION
Reported Printed and Referred to Judiciary, Rules & Administration
BILL INFO
- Session
- 2017
- Chamber
- house
- Status date
- Feb 14, 2017