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SB 0109 - Asset Forfeiture Amendments

Tracking Level: Work
Sponsor: Todd Weiler (R)
Last Action: 3/14/2019 - Senate - Senate/ filed in Senate file for bills not passed
Senate Committee: Judiciary, Law Enforcement, and Criminal Justice
House Committee: Law Enforcement and Criminal Justice
Assigned To:
Law Enforcement / SafetyNext Bill
OpposedNext Bill

Staff Analysis of the Legislation

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.



Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text