Joy San Buenaventura
- Democratic
- Senator
- District 2
Primary
Restricts asset forfeiture to cases involving the commission of a covered criminal misdemeanor or felony offense. Requires seized property to be forfeited only when the property owner has been convicted of an underlying covered criminal misdemeanor or felony offense. Changes the standard of proof that the State must meet in order for property to be forfeited from "preponderance of the evidence" to "beyond a reasonable doubt". Requires the State to prove that owners consented to or possessed knowledge of the crime that led to the seizure of their property. Requires that the agency seizing the property pay for safe and secure storage of the seized property until the completion of the forfeiture proceeding or final disposition of the property. Directs any proceeds from a civil forfeiture to the general revenue fund for public education purposes. Repeals administrative forfeiture proceedings.
Report adopted; Passed Second Reading and referred to JDC.
Reported from PSM (Stand. Com. Rep. No. 324) with recommendation of passage on Second Reading and referral to JDC.
The committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED. The votes in PSM were as follows: 5 Aye(s): Senator(s) Nishihara, English, Baker, Riviere, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
The committee(s) on PSM has scheduled a public hearing on 02-16-21 1:00PM; Via Videoconference.
Referred to PSM, JDC.
Introduced.
Passed First Reading.
| Bill Text Versions | Format |
|---|---|
| SB149 | PDF HTML |
| Document | Format |
|---|---|
| Committee Report SB149_SSCR324_ | PDF HTML |
| Testimony SB149_TESTIMONY_PSM_02-16-21_ |
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