Bill H.592, introduced by Representative Rachelson of Burlington, aims to enhance the rights of individuals involved in civil forfeiture proceedings by mandating the assignment of public defenders for those in need. The bill stipulates that individuals facing forfeiture proceedings will be informed of their right to legal counsel, ensuring that they have access to representation. Additionally, the bill requires law enforcement and adjudicators to maintain comprehensive records of forfeited property, detailing aspects such as the source of the property, its description, value, and the circumstances surrounding its disposal.

The bill amends several sections of current law, including 13 V.S.A. 5232, which now includes forfeiture proceedings as a context in which legal counsel must be provided. It also introduces new record-keeping requirements for law enforcement agencies under 6 V.S.A. 3315, 7 V.S.A. 604, and 10 V.S.A. 4523, mandating that detailed records of forfeited property be maintained and submitted to the Superior Court. Furthermore, the bill emphasizes the right to legal counsel in notices related to forfeiture actions, ensuring that individuals are aware of their rights throughout the process. The act is set to take effect on July 1, 2026.

Statutes affected:
As Introduced: 13-5232, 6-3315, 10-109, 18-4243, 23-1213c