Kim Williams
- Democratic
- Representative
- District 19
Primary
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.
Signed by Governor
Passed By Senate. Votes: 21 YES
Passed By House. Votes: 39 YES 2 ABSENT
Amendment HA 1 to HB 280 - Introduced and Placed With Bill
Amendment HA 1 to HB 280 - Passed In House by Voice Vote
Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits
Reported Out of Committee (Public Safety & Homeland Security) in House with 8 Favorable
Introduced and Assigned to Public Safety & Homeland Security Committee in House
| Bill Text Versions | Format |
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| Bill Text | PDF HTML |
| HA 1 to HB 280 | HTML PDF |
| Document | Format |
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| Fiscal Note |
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