Staff Analysis of the Legislation
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The bill keeps forfeited civil assets under state court jurisdiction and requires an order from a state court before transferring forfeited property to a federal agency; it diminishes state court discretion by requiring the court to void forfeiture if proper notice is not provided; it removes a provision that requires law enforcement to forfeit property in order to qualify for a grant under the State Asset Forfeiture Grant Program; it implements reporting requirements for law enforcement that receives federal funds under equitable share for forfeited property transferred to the feds; and it increases CCJJ’s retention of forfeited funds from 3% to 5% each year.
The first substitute provides that a court must make a determination when investigating whether or not a law enforcement agency violates the Act (rather than CCJJ) to disqualify a law enforcement agency from receiving state grant money; requires law enforcement agencies to adopt written policies that comply with the transfer of forfeited property to feds under the Act; and prevents agencies that receive equitable share money from the feds from receiving money from a state grant the following fiscal year.
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