The legislature's own summary of the bill, or its official long title.
This Act makes several changes to the civil asset forfeiture proceedings of this state. It repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof…
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This Act makes several changes to the civil asset forfeiture proceedings of this state. It repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof on the State to prove all elements of a forfeiture case by a preponderance of the evidence. Under the existing statute, it is the burden of an innocent owner to prove that they did not have knowledge of or consent to the use of their property in an unlawful act. It prohibits the forfeiture of currency less than $500. It prohibits forfeiture unless a criminal charge is brought. It requires the person holding seized property to be financially responsible for all fees associated therewith in the event the property is ordered by the Court to be returned. It allows a claimant property owner who substantially prevails in a forfeiture proceeding to recover reasonable attorney’s fees and costs. The language in this section is modeled after a provision of the federal forfeiture statute, at 28 U.S.C. § 2465 that was put in place in 2000 as part of federal civil asset forfeiture reforms. It aligns forfeiture provisions in Title 11 with the forfeiture provisions in Title 16. It requires the Department of Justice to collect and annually report statistics regarding civil asset forfeiture.
Every action
13 steps, oldest first, as the legislature records them.
Show the 5 earlier steps
CommitteeIntroduced and Assigned to Public Safety & Homeland Security Committee in House · House Public Safety & Homeland Security
CommitteeReported Out of Committee (Public Safety & Homeland Security) in House with 8 Favorable · House Public Safety & Homeland Security
CommitteeAssigned to Appropriations Committee in House · House Appropriations
CommitteeReported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits · House Appropriations
HouseAmendment HA 1 to HB 280 - Introduced and Placed With Bill
HouseAmendment HA 1 to HB 280 - Passed In House by Voice Vote
HousePassed By House. Votes: 39 YES 2 ABSENT39–0 vote
CommitteeAssigned to Judiciary Committee in Senate · Senate Judiciary
CommitteeReported Out of Committee (Judiciary) in Senate with 3 Favorable, 3 On Its Merits · Senate Judiciary
CommitteeAssigned to Finance Committee in Senate · Senate Finance
CommitteeReported Out of Committee (Finance) in Senate with 4 On Its Merits · Senate Finance
SenatePassed By Senate. Votes: 21 YES
GovernorSigned by Governor
Roll calls
2 recorded votes: 2 on the floor, 0 in committee. Each shows how every member voted.
Passed By House. Votes: 39 YES 2 ABSENT · Full House