HB 615-FN amends the procedures for the forfeiture of property connected to drug offenses, shifting the responsibility for petitioning for forfeiture from the "attorney general" to the "state." The bill introduces new exemptions for certain properties, including United States currency totaling $1,000 or less and motor vehicles valued at $5,000 or less, while allowing for the seizure of property needed as evidence in criminal investigations. It mandates that law enforcement agencies notify individuals with interests in seized property within seven days and conduct prompt appraisals. The state is required to examine the facts surrounding the seizure and initiate judicial proceedings if probable cause exists, with provisions for reporting findings if proceedings cannot be sustained.

Additionally, the bill establishes that civil forfeiture can only occur after a felony conviction, with the same court handling both criminal and civil proceedings. It outlines the requirements for the state to file a civil complaint for forfeiture and sets specific timelines for serving this complaint. The burden of proof is clarified, stating that property can only be forfeited if directly linked to the crime and proven by a preponderance of evidence. The bill also includes protections for innocent owners, prohibits law enforcement from selling forfeited property to employees or relatives, and modifies the standard of proof for forfeiture, which is expected to significantly reduce forfeiture revenues. Overall, HB 615-FN aims to enhance fairness and transparency in the forfeiture process while ensuring property rights are protected.

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