- Perfected -
SB 851 - This act revises various provisions of the Criminal Activity Forfeiture Act (CAFA). The act defines "seizure" as the point at which an officer or agent discovers and exercises any control over the property; "seizing agency" is defined as the agency that primarily employs the officer or agent that seized the property.
Law enforcement must report all seizures to the prosecuting attorney or the Attorney General, and to the state auditor. The prosecuting attorney and Attorney General shall file an annual report regarding the seizure activity to the Department of Public Safety, and to the State Auditor, by January 31. The State Auditor shall make an annual report to the General Assembly by February 28, compiling the various data received. Intentional or knowing failure to comply with these reporting requirements shall be a Class A misdemeanor, punishable by a fine up to $1,000.
No property may be transferred to a federal agency without judicial approval, regardless of the identity of the seizing agency. Law enforcement agencies using the federal forfeiture system must file an annual audit with the state auditor's office. Intentional or knowing failure to comply with the auditing requirement of this section shall be a Class A misdemeanor, punishable by a fine up to $1,000. Any property seized by a law enforcement officer or agent shall not be disposed of pursuant to the unclaimed or abandoned property statutes, unless a CAFA proceeding is unsuccessful.