SB 1047 - Currently, a law enforcement agency must request that the prosecutor file a motion in circuit court for the proper disposition of unclaimed seized property. If the prosecutor does not file the motion in sixty days, the agency may request that the Attorney General file such motion.
Under this act, the prosecutor has sixty days to file such motion or notify the law enforcement officer of the reasons for which such property cannot be disposed. If the prosecutor does not file such motion, the officer may then request the Attorney General file such a motion. The Attorney General has sixty days to file such motion or notify the law enforcement officer of the reasons for which such property cannot be disposed.
If the Attorney General does not file such motion, the officer or his or her employer may file such motion with the circuit court of the county in which the seizure occurred. In such case, the movant shall provide written notice to such county's prosecutor.
Currently, if the motion to dispose of property is made by the prosecutor or Attorney General, the court is required to issue an order directing the disposition of the property. Under this act, the court shall make the finding that such disposition is appropriate before issuing the order.
SUSAN HENDERSON MOORE