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Senate Bill 26

Introduced Senate Bill (S)

DIGEST

Seizure and forfeiture of property used in crimes. Provides that when property is seized under the law concerning forfeiture of property used in violation of certain criminal statutes, the state or local law enforcement agency making the seizure shall: (1) identify the owner of the property; and (2) provide the owner with notice of the intent of the state or local unit of government to seek forfeiture of the property. Requires a prosecuting attorney to show by clear and convincing evidence that the owner of the property was: (1) convicted of; or (2) entered a plea of guilty or nolo Seizure and forfeiture of property used in crimes. Provides that when property is seized under the law concerning forfeiture of property used in violation of certain criminal statutes, the state or local law enforcement agency making the seizure shall: (1) identify the owner of the property; and (2) provide the owner with notice of the intent of the state or local unit of government to seek forfeiture of the property. Requires a prosecuting attorney to show by clear and convincing evidence that the owner of the property was: (1) convicted of; or (2) entered a plea of guilty or nolo contendere to; the offense that gave rise to the forfeiture before the property may be forfeited. Allows the owner of, or another putative interest holder in, property seized to file a motion for the hardship release of the property at any time after the property is seized. Requires the court to order the release of the seized property if the owner or putative interest holder establishes certain criteria by a preponderance of the evidence. Requires a court to determine whether the forfeiture of the property would be disproportional to the offense that gave rise to the forfeiture. Provides that the prosecuting attorney has the burden of establishing proportionality by clear and convincing evidence. Requires the court to dismiss a forfeiture action if the court determines the forfeiture of the property is disproportional to the offense. ... View more