21.0869.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1480
of North Dakota
Introduced by
Representatives Satrom, Karls, K. Koppelman
Senators Larson, Luick
1 A BILL for an Act to amend and reenact section 19-03.1-36.8 of the North Dakota Century
2 Code, relating to seizure and forfeiture reporting requirements.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 19-03.1-36.8 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 19-03.1-36.8. Reporting.
7 1. As used in this section, "law enforcement agency" means a nonfederal public agency
8 authorized by law or by a government agency or branch to enforce the law and to
9 conduct or engage in investigations or prosecutions for violations of law, including the
10 authority to conduct or engage in seizure and forfeiture of property or to collaborate
11 with a federal agency under federal law to conduct or engage in seizure and forfeiture
12 of property. The term includes a multijurisdictional task force.
13 2. Every civil forfeiture judgment issued by a district court must be made publicly
14 available and include the following information in the findings of fact:
15 a. Case number of the forfeiture proceeding and the district court where the case
16 was filed.
17 b. Who filed a claim or counterclaim for the seized property, if any.
18 c. Date the forfeiture order was issued.
19 d. Whether a forfeiture settlement agreement was reached.
20 e. The date and the final disposition of the property.
21 f. Estimated value of the forfeited property.
22 g. Estimate of the total costs accrued by the law enforcement agency for storage
23 and disposal of the civilly forfeited property.
24 h. Amount of any attorney fees awarded to owners of seized and forfeited property.
Page No. 1 21.0869.01000
Sixty-seventh
Legislative Assembly
1 3. Annually, a prosecutor who litigates the criminal case and forfeiture proceedingany law
2 enforcement agency that seizes property shall provide to the attorney general a copy
3 of the judgment that includes the information required under subsection 2completed
4 civil asset forfeiture case report form for every seizure and the total value of the
5 forfeited property held by the agency at the end of the reporting period.
6 4. By November first of each year, the attorney general shall submit to the legislative
7 management and the governor a written report summarizing activity in the state for the
8 preceding fiscal year, the type, approximate value, and disposition of any civilly
9 forfeited property, and the amount of proceeds received.
10 a. Summary data and civilly forfeited property must be disaggregated by agency.
11 b. The attorney general shall make the report available on the attorney general's
12 website.
13 5. The attorney general may recover any costs under this section by withdrawing money
14 from the asset forfeiture fund.
15 6. A law enforcement agency may use forfeiture proceeds to pay the costs of compiling
16 and reporting data under this section.
17 7. The data and reports compiled under this section are public information and not
18 exempt from disclosure.
19 8. The attorney general may require the reporting of additional information not specified
20 in this section. The attorney general shall develop standard forms, processes, and
21 deadlines for annual submission of forfeiture data by law enforcement agencies.
22 9. If a law enforcement agency fails to file a report within thirty days after the report is
23 due, the attorney general may compel compliance by any means until the report is
24 filed.
25 10. Any property seized with a value of less than fifty dollars is not required to be included
26 in the reporting process.
Page No. 2 21.0869.01000
Statutes affected: INTRODUCED: 19-03.1-36.8
FIRST ENGROSSMENT: 19-03.1-36.8
Enrollment: 19-03.1-36.8