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Key Votes

HB 1286 - Amends Civil Asset Forfeiture Laws - North Dakota Key Vote

Timeline

Issues Related to HB 1286

Stage Details

Legislation - Signed (Executive) -

Title: Amends Civil Asset Forfeiture Laws

Legislation - Bill Passed (Senate) (43-4) -

Title: Amends Civil Asset Forfeiture Laws

Legislation - Bill Passed (House) (55-37) - (Key vote)
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Title: Amends Civil Asset Forfeiture Laws

Vote Result
Yea Votes
Nay Votes
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).

Legislation - Introduced (House) -

Title: Amends Civil Asset Forfeiture Laws

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