Vetoed by Governor Matt Mead

Vote Smart's Synopsis:

Vote to pass a bill that amends property forfeiture laws.

Highlights:

• Specifies that an individual convicted of a crime punishable by imprisonment for at least 1 year is subject to property forfeiture, which shall be included in the individual’s sentencing by the court (Sec. 1).

• Requires the state to provide notice that it is seeking forfeiture of property in the following manners (Sec. 1):
• Notice to the individual convicted of a crime within his or her indictment that specifically identifies the property to be forfeited;
• Written notice by first class mail to the last known address of an individual who, after “reasonable” inquiry, appears to be a potential owner or lien holder in the property to be forfeited that authorizes the individual to contest the forfeiture within 30 days; and 
• Notice of forfeiture published in a newspaper of general circulation once a week for 2 weeks that describes the forfeited property and authorizes an individual with a potential interest in the property to contest the forfeiture within 60 days of the second public notice.

• Requires forfeited property to be returned to the individual from whom it was seized unless there is a verdict of guilt, an admission of guilt, or a plea of nolo contendere to a felony (Sec. 1).

• Prohibits the state from seizing property if an individual proves that he or she is an “innocent owner” or has a perfected lien or priority interest in the property (Sec. 1).

• Defines “innocent owner” as one of the following (Sec. 1):
• An individual who held an interest in the property to be forfeited at the time the violation took place and did not “reasonably” know of the conduct of the individual convicted of the violation; or 
• An individual who acquired an interest in the property to be forfeited after the violation, and was a bona fide purchaser, seller, or holder of a security interest and was “reasonably” without cause to believe the property was subject to forfeiture (Sec. 1).

• Requires the attorney general to submit an annual report to the joint appropriations interim committee and the joint judiciary interim committee concerning recipients and the amount of property and proceeds accepted, received, disposed of, or expended by law enforcement agencies (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends property forfeiture laws.

Highlights:

• Specifies that an individual convicted of a crime punishable by imprisonment for at least 1 year is subject to property forfeiture, which shall be included in the individual’s sentencing by the court (Sec. 1).

• Requires the state to provide notice that it is seeking forfeiture of property in the following manners (Sec. 1):
• Notice to the individual convicted of a crime within his or her indictment that specifically identifies the property to be forfeited;
• Written notice by first class mail to the last known address of an individual who, after “reasonable” inquiry, appears to be a potential owner or lien holder in the property to be forfeited that authorizes the individual to contest the forfeiture within 30 days; and 
• Notice of forfeiture published in a newspaper of general circulation once a week for 2 weeks that describes the forfeited property and authorizes an individual with a potential interest in the property to contest the forfeiture within 60 days of the second public notice.

• Requires forfeited property to be returned to the individual from whom it was seized unless there is a verdict of guilt, an admission of guilt, or a plea of nolo contendere to a felony (Sec. 1).

• Prohibits the state from seizing property if an individual proves that he or she is an “innocent owner” or has a perfected lien or priority interest in the property (Sec. 1).

• Defines “innocent owner” as one of the following (Sec. 1):
• An individual who held an interest in the property to be forfeited at the time the violation took place and did not “reasonably” know of the conduct of the individual convicted of the violation; or 
• An individual who acquired an interest in the property to be forfeited after the violation, and was a bona fide purchaser, seller, or holder of a security interest and was “reasonably” without cause to believe the property was subject to forfeiture (Sec. 1).

• Requires the attorney general to submit an annual report to the joint appropriations interim committee and the joint judiciary interim committee concerning recipients and the amount of property and proceeds accepted, received, disposed of, or expended by law enforcement agencies (Sec. 1).

Full Bill Text