SB 61

This bill changes the procedure for forfeiture of property after it has been seized

in relation to a crime. Under current law, the state or a local law enforcement agency

may acquire certain property involved in the commission of a crime or seized in

relation to a criminal investigation through a forfeiture proceeding. The forfeiture

law applies to all property directly or indirectly derived from or used for the

commission of a crime. This bill allows property to be subject to forfeiture only after

a person has been convicted of the crime related to the forfeiture action and only if

a court finds that the property seized is proportional to the crime committed. If the

person is acquitted or the charges against the person are dropped, the court must

order that his or her property be returned within 30 days. The bill requires seized

property to be returned to innocent owners of the property unless the owners were

involved with or knowledgeable about the crime related to his or her property.

Further, the bill allows the court, upon petition by a person whose property was

seized but not yet forfeited, to return the property to the person under certain

circumstances. Under the bill, the person may not sell, give away, or burden the

property and, if the person is found to have committed the crime related to the

property, must surrender the property for forfeiture after conviction. This bill also

allows a person who prevails in a forfeiture action to recover reasonable attorney fees

from the state.

This bill requires that all proceeds from the sale of all forfeited property be

turned in to the state school fund. It also prohibits local law enforcement agencies

from transferring property to federal agencies for forfeiture under federal law unless

the value of the property exceeds $50,000 or the property can be forfeited only under

federal law.

Under current law, forfeiture proceedings may proceed prior to an actual

conviction in a criminal case, and any seized property will be held by the law

enforcement agency until the case is finished.

Under current law, after a court orders that property be forfeited, an agency

may keep certain property for its own use, transfer the property to another agency,

or sell the property. The agency that seized the property may retain a set percentage

of the proceeds of selling the property to cover administrative and other costs and the

remainder goes into the state school fund. In addition, current law allows local law

enforcement agencies to enter into agreements with federal authorities wherein

property that is seized in relation to a federal crime is turned over to the federal

authorities for forfeiture under federal law. Proceeds from selling the property are

then shared between the federal authorities and local law enforcement agencies.