HB 0444 | Modifies criminal forfeiture laws |
HB 444 - 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, including detaining anyone from leaving the scene of an investigation while in possession of the property. "Seizing agency" is defined as the agency that primarily employs the officer or agent that seized the property, including any agency in which anyone is acting on behalf of the agency is employed by the state or any political subdivision.
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.
Law enforcement must report all seizures to the prosecuting
attorney or the Attorney General. 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. 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.
ALAN KELLY
SCA 1 - MODIFIES THE DEFINITION OF "SEIZING AGENCY" TO EXCLUDE FEDERAL TASK FORCES OPERATING AT AND SEIZURES WHICH OCCUR AT AN INTERNATIONAL AIRPORT LOCATED IN THE MUNICIPALITIES OF ST. LOUIS OR KANSAS CITY.