The present law relative to forfeiture provides that in order to forfeit any property or any person's interest in the property pursuant to certain provisions in present law, the state must have the burden to prove by a preponderance of evidence that (i) the seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under present law, and (ii) the owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture, or, in the case of a secured party, that certain standards set out in present law are met. This bill revises the state's burden of proof from a "preponderance of evidence" to "clear and convincing evidence". Present law authorizes the party aggrieved by a forfeiture decision of the applicable agency to seek judicial review of the decision by filing a written notice of review. The reviewing court must use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. This bill revises the evidentiary standard from a "preponderance of evidence" to "clear and convincing evidence".

Statutes affected:
Introduced: 40-33-210(a), 40-33-210, 40-33-213(a), 40-33-213