The bill amends Section 21-28-5.04.2 of the Uniform Controlled Substances Act to establish a civil forfeiture procedure that prohibits the forfeiture of property to the state unless a criminal conviction has been obtained. New language clarifies that conveyances used as common carriers can only be forfeited following a criminal conviction, and property cannot be forfeited if the owner proves that the act leading to forfeiture was without their knowledge or consent. The bill also revises the seizure process by removing previous civil forfeiture provisions and detailing the responsibilities of law enforcement agencies, including the requirement for an inventory and appraisal of seized property and a written request for forfeiture to the attorney general within thirty days.

Additionally, the bill deletes existing administrative forfeiture procedures for personal property valued under $20,000, streamlining the process to ensure that forfeiture only occurs after a criminal conviction. These changes aim to enhance protections for individuals against potential abuses of civil asset forfeiture laws, shifting the burden of proof to the state to demonstrate probable cause for seizure. The act is designed to ensure due process for individuals whose property may be subject to forfeiture and is set to take effect immediately upon passage.

Statutes affected:
5363: 21-28-5.04.2