The bill amends Section 21-28-5.04.2 of the Uniform Controlled Substances Act to establish a civil forfeiture procedure that prohibits civil asset forfeiture related to controlled substances until a criminal conviction is obtained. Specifically, it states that property described in the relevant section shall not be subject to civil forfeiture, but will be subject to criminal forfeiture. The bill outlines that property cannot be forfeited if the owner can prove they were unaware of the criminal activity associated with the property, unless a criminal conviction has been obtained.

Additionally, the bill modifies the procedures for seizing property, specifying that law enforcement must follow certain protocols and timelines for notifying the attorney general and conducting inventories of seized property. It clarifies that the initial burden of proof in forfeiture cases lies with the state to demonstrate probable cause for seizure, after which the claimant must prove that the property is not subject to forfeiture. Overall, the bill aims to enhance protections for property owners against civil forfeiture in drug-related cases until a criminal conviction is established.

Statutes affected:
5363: 21-28-5.04.2