Due Process Asset Forfeiture Act

The bill replaces existing statutes on public abatement and instead enacts provisions concerning criminal forfeiture. The bill:

• Limits forfeiture so it can occur only when a defendant is convicted of a crime of unlawful distribution, manufacturing, dispensing, or selling a controlled substance;
• Specifies that a forfeiture proceeding is not a separate civil proceeding but part of a defendant's criminal proceeding;
• Specifies when personal property may be seized with or without process;
• Establishes duties and procedures when property is seized;
• Establishes court procedures for various parties;
• Allows for the disposition of seized assets and proceeds consistent with prior law; and
• Establishes limitations on seizures involving the federal government.
  (Note: This summary applies to this bill as introduced.)