|SB 0611||Revises Criminal Activity Forfeiture Act|
|LR Number:||3024S.01I||Fiscal Note:||3024-01|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||02/16/00 - Voted Do Pass S Civil & Criminal Jurisprudence||Journal page:|
|Effective Date:||August 28, 2000|
SB 611 - This act amends three provisions of the Criminal Activity Forfeiture Act. First, the act defines seizure as the point at which law enforcement discovers and exercises any type of control over property subject to forfeiture.
Second, the act amends the requirement for transfer of property from a local or state agency to a federal agency. The act provides that a prosecutor and judge shall not approve a transfer unless it reasonably appears the activity giving rise to the seizure involves more than one state, or shall result in a federal criminal prosecution.
Third, the act authorizes a limited transfer of property
seized by state or local authorities to a federal agency based on
prosecutorial approval alone, for the sole purpose of completing
a criminal investigation in another jurisdiction. The state
retains jurisdiction over the property for a civil forfeiture
proceeding. If it later appeared that a federal criminal
prosecution would be initiated based on the investigation, the
act allows transfer upon judicial approval to the federal agency
for a federal forfeiture proceeding.