Due Process Asset Forfeiture Act
Concerning enactment of the "Due Process Asset Forfeiture Act".
2023 Regular Session
Crimes, Corrections, & Enforcement
The bill replaces existing statutes on public abatement and instead enacts provisions concerning criminal forfeiture. The bill:
- Limits forfeiture so it can occur only when a defendant is convicted of a crime of unlawful distribution, manufacturing, dispensing, or selling a controlled substance;
- Specifies that a forfeiture proceeding is not a separate civil proceeding but part of a defendant's criminal proceeding;
- Specifies when personal property may be seized with or without process;
- Establishes duties and procedures when property is seized;
- Establishes court procedures for various parties;
- Allows for the disposition of seized assets and proceeds consistent with prior law; and
- Establishes limitations on seizures involving the federal government.
(Note: This summary applies to this bill as introduced.)