HB 280 DE

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Became Law

This Act makes several changes to the civil asset forfeiture proceedings of this state. It repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof on the State to prove all elements of a forfeiture case by a preponderance of the evidence. Under the existing statute, it is the burden of an innocent owner to prove that they did not have knowledge of or consent to the use of their property in an unlawful act. It prohibits the forfeiture of currency less than $500. It prohibits forfeiture unless a criminal charge is brought. It requires the person holding seized property to be financially responsible for all fees associated therewith in the event the property is ordered by the Court to be returned. It allows a claimant property owner who substantially prevails in a forfeiture proceeding to recover reasonable attorney’s fees and costs. The language in this section is modeled after a provision of the federal forfeiture statute, at 28 U.S.C. § 2465 that was put in place in 2000 as part of federal civil asset forfeiture reforms. It aligns forfeiture provisions in Title 11 with the forfeiture provisions in Title 16. It requires the Department of Justice to collect and annually report statistics regarding civil asset forfeiture.

• Kimberly Williams Democratic · primary
• Madinah Wilson-Anton Democratic · primary
• Valerie Longhurst · primary
• Trey Paradee Democratic · primary
• William Bush Democratic · primary
• Kendra Johnson Democratic · primary
• Bryan Townsend Democratic · primary
• S. Elizabeth Lockman Democratic · primary
• Paul S. Baumbach · primary
• Franklin D. Cooke Democratic · primary
• Nicole Poore Democratic · primary
• Russell Huxtable Democratic · primary
• Spiros Mantzavinos Democratic · primary
• Eric Morrison Democratic · primary
• Edward S. Osienski Democratic · primary
• David L. Wilson Republican · primary
• Cyndie Romer Democratic · primary
• Peter C. Schwartzkopf · primary
• David P. Sokola Democratic · primary
• Laura V. Sturgeon Democratic · primary
• John "Jack" Walsh Democratic · primary

1. May 9, 2024 Introduced and Assigned to Public Safety & Homeland Security Committee in House · lower
2. May 14, 2024 Reported Out of Committee (Public Safety & Homeland Security) in House with 8 Favorable · lower
3. May 14, 2024 Assigned to Appropriations Committee in House · lower
4. May 22, 2024 Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits · lower
5. Jun 11, 2024 Amendment HA 1 to HB 280 - Introduced and Placed With Bill · lower
6. Jun 11, 2024 Amendment HA 1 to HB 280 - Passed In House by Voice Vote · lower
7. Jun 11, 2024 Passed By House. Votes: 39 YES 2 ABSENT · lower
8. Jun 11, 2024 Assigned to Judiciary Committee in Senate · upper
9. Jun 18, 2024 Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 3 On Its Merits · upper
10. Jun 18, 2024 Assigned to Finance Committee in Senate · upper
11. Jun 26, 2024 Reported Out of Committee (Finance) in Senate with 4 On Its Merits · upper
12. Jun 27, 2024 Passed By Senate. Votes: 21 YES · upper
13. Aug 29, 2024 Signed by Governor · executive