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
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Current Bill Summary

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.