Signed by Governor Doug Burgum

Vote Smart's Synopsis:

Vote to pass a bill that amends civil asset forfeiture laws to prohibit seizure without conviction.

Highlights:

• Prohibits forfeiture proceedings from being initiated until the owner of the property has been convicted of a crime, unless (Sec. 1): 

• The individual has died; 

• Fled the jurisdiction;

• Been deported;

• Been granted immunity or a reduced sentence;

• Abandoned the property; or

• It is established beyond a reasonable doubt that the property is pertinent to the crime.

• Specifies that forfeited property or proceeds from the sale of forfeited property may only be deposited with a political subdivision if it has created a civil asset forfeiture fund (Sec. 2). 

• Requires a political subdivision that has a civil asset forfeiture fund to establish an application for appropriations to be taken from the fund (Sec. 2). 

• Authorizes the owner of forfeited property, or anyone with a legal interest in the property, to petition the court to determine if the forfeiture is unconstitutionally excessive (Sec. 3).

• Specifies that a vehicle valued at less than $2,000, or any property constituting a homestead, may not be forfeited (Sec. 3).

• Requires the information of every civil forfeiture judgement to be made publicly available (Sec. 4).

Full Bill Text