The bill amends Section 21-28-5.04.2 of the Uniform Controlled Substances Act to establish a civil forfeiture procedure that prohibits the civil forfeiture of property related to violations of controlled substances laws until a criminal conviction has been 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 may not be forfeited based on actions taken without the owner's knowledge or consent unless a criminal conviction has been secured.

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 places the burden on the state to demonstrate probable cause for the seizure and allows claimants to contest the forfeiture. Overall, the legislation aims to ensure that civil asset forfeiture is contingent upon a criminal conviction, thereby providing greater protections for property owners. The act will take effect upon passage.

Statutes affected:
7289: 21-28-5.04.2