The proposed bill would amend existing statutes to include provisions for the forfeiture of digital assets in connection with criminal offenses. Under the new law, a court would be empowered to order the forfeiture of any digital asset that was used in, acquired through, or is traceable to the commission of an offense. Additionally, it would allow peace officers to seize digital assets using methods such as accessing private keys or securing digital wallets. The bill also establishes a framework for the sale of forfeited digital assets, requiring that they be sold through state-approved platforms, and outlines the allocation of proceeds from such sales, including a specific distribution to the Office of the Attorney General and the creation of a Bitcoin and Digital Assets Reserve Fund.
Current statutes regarding property forfeiture would be updated to explicitly include digital assets, defining them as virtual currencies, cryptocurrencies, or other digital-only assets that confer economic rights. The bill would also introduce new procedures for managing and storing seized digital assets securely, ensuring that they are protected from loss or unauthorized access. Overall, the bill aims to modernize the forfeiture process to account for the growing prevalence of digital assets in criminal activities.
Statutes affected: Introduced Version: 44-337
House Engrossed Version: 13-4301, 13-4304, 13-4305, 13-4315, 41-180, 47-9102, 13-105, 13-3413, 13-3401, 13-2314, 13-3911, 13-3912, 13-3913, 13-3914, 13-3915, 13-4313, 13-2314.01, 13-2314.03, 13-4310