Due Process Asset Forfeiture Act
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.
The bill appropriates $22,549 to the department of local affairs that is reappropriated to the office of the governor for use by the office of information technology and includes 0.2 FTE.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)