The bill HB 615-FN amends the civil forfeiture process for property connected to drug offenses, shifting the responsibility for initiating forfeiture actions from the "attorney general" to the "state." It introduces new provisions that exempt low-value items from seizure, such as U.S. currency totaling $1,000 or less and motor vehicles valued at $5,000 or less, while allowing the seizure of property needed as evidence in criminal investigations. The bill also establishes new requirements for law enforcement agencies, including the obligation to inventory seized items and notify interested parties within a specified timeframe. Key insertions include provisions for post-seizure hearings for individuals other than defendants and the requirement for the state to prove by a preponderance of evidence that the property is directly related to the crime.

Significant deletions from current law include the removal of provisions that allowed forfeiture without a felony conviction and the requirement for owners to be consenting parties to a felonious violation. The bill enhances protections for innocent property owners, ensuring that their property cannot be forfeited without due process and allowing them to recover their property unless the state proves they had actual knowledge of its criminal use. Additionally, the bill modifies the standard of proof required for forfeiture, removing the presumption that money found near controlled substances is automatically forfeitable, which is expected to decrease forfeiture revenues significantly. Overall, HB 615-FN aims to enhance fairness and transparency in the forfeiture process while protecting individuals' rights.

Statutes affected:
Introduced: 318-B:17-b