The bill HB 615-FN amends the procedures for the forfeiture of items related to drug offenses, significantly altering the existing legal framework. It replaces the term "attorney general" with "state," indicating that the state will now initiate forfeiture proceedings. New provisions exempt certain amounts of currency (up to $1,000) and vehicles (valued at $5,000 or less) from seizure. The bill also allows for warrantless property seizures under specific conditions and outlines the process for waiving rights to seized property. Key deletions from current law include the removal of provisions that permitted forfeiture without a conviction and the requirement for owners to be consenting parties to a felonious violation.

Additionally, the bill establishes that civil forfeiture can only occur after a felony conviction, with the same court overseeing both criminal and civil proceedings. It introduces the right for non-defendants to request post-seizure hearings and mandates that the state file civil complaints within specified timeframes. The legislation aims to enhance fairness and transparency in the forfeiture process, protecting innocent property owners and ensuring due process. It also modifies the financial distribution of forfeited assets, removing the presumption that money found near controlled substances is automatically forfeitable, which is expected to decrease forfeiture revenues significantly. The act is set to take effect on January 1, 2026.

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