HB 468

Abstract

Creates the Asset Forfeiture Process and Private Property Protection Act. Provides that this Act sets out the exclusive process governing forfeitures in this State and supersedes any conflicting or inconsistent provisions under State law. Provides that forfeiture will be applicable to any State law that carries a felony sanction which explicitly includes forfeiture as a punishment for the offense. Provides that a person will only be subject to forfeit proceeds and property the person derived directly from the commission of the crime, proceeds and property directly traceable to proceeds and property derived directly from the commission of the crime, and instrumentalities the person used in the commission of the crime only if the person is convicted of violating a State law subject to forfeiture. Provides that there will be no civil asset forfeiture. Makes a corresponding change in the Freedom of Information Act.