Civil Forfeiture Reforms

Civil forfeiture - reports - local public nuisance - law enforcement assistance grant program - law enforcement community services grant program - proceeds - appropriation. During the 2017 session, the general assembly enacted a bill involving civil forfeiture requiring seizing agencies to submit reports to the department of local affairs (department). The act requires reporting agencies rather than seizing agencies to file the reports and defines "reporting agency". The act also expands the scope of the reports to include seizures related to a local public nuisance law or ordinance.

The 2017 act also prohibited seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000. This act establishes the law enforcement assistance grant program in the department of public safety to reimburse seizing agencies for revenue lost because of this prohibition.

The act establishes the law enforcement community services grant program in the division of local government in the department to provide grants to law enforcement agencies, local governments, and community organizations to improve community services. It establishes a committee to review grant applications and make recommendations on grant awards and establishes a fund from which grants are paid.

Under current law, the net balance of proceeds received from a forfeiture action are divided evenly between the governmental body of the seizing agency and the managed service organization providing behavioral health in the judicial district (MSO). The act provides that the 50% that went to the MSO is now divided so that the MSO and the new law enforcement community services grant program fund each receive 25%.

The act appropriates $1,487,821 from the marijuana tax cash fund to the department of public safety for the law enforcement community services grant program.

(Note: This summary applies to this bill as enacted.)