HB 280

  • Delaware House Bill
  • 152nd General Assembly (2023-2024)
  • Introduced in House Jun 18, 2024
  • Passed House Jun 11, 2024
  • Passed Senate Jun 27, 2024
  • Governor

An Act To Amend Titles 11 And 16 Of The Delaware Code Relating To Civil Asset Forfeiture.

Abstract

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.

Bill Sponsors (21)

Votes


Jun 27, 2024

Jun 11, 2024

Actions


Jun 27, 2024

Senate

Passed By Senate. Votes: 21 YES

Jun 26, 2024

Senate

Reported Out of Committee (Finance) in Senate with 4 On Its Merits

  • Committee-Passage
Finance

Jun 18, 2024

Senate

Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 3 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Judiciary

Senate

Assigned to Finance Committee in Senate

  • Introduction
  • Referral-Committee
Finance

Jun 11, 2024

House

Passed By House. Votes: 39 YES 2 ABSENT

House

Amendment HA 1 to HB 280 - Introduced and Placed With Bill

House

Amendment HA 1 to HB 280 - Passed In House by Voice Vote

Senate

Assigned to Judiciary Committee in Senate

  • Introduction
  • Referral-Committee
Judiciary

May 22, 2024

House

Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Appropriations

May 14, 2024

House

Assigned to Appropriations Committee in House

  • Introduction
  • Referral-Committee
Appropriations

House

Reported Out of Committee (Public Safety & Homeland Security) in House with 8 Favorable

  • Committee-Passage
  • Committee-Passage-Favorable
Public Safety & Homeland Security

May 09, 2024

House

Introduced and Assigned to Public Safety & Homeland Security Committee in House

  • Introduction
  • Referral-Committee
Public Safety & Homeland Security

Bill Text

Bill Text Versions Format
Bill Text PDF HTML
HA 1 to HB 280 HTML PDF

Related Documents

Document Format
Fiscal Note PDF

Sources

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