HCS HJR 10 & 12 -- FORFEITURE PROCEEDS

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 15 to 2.

This proposed constitutional amendment gives 50% of the proceeds
from forfeitures to the state school moneys fund and 50% to a
state forfeiture fund.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of $0
in FY 2000, $59,580 in FY 2001, and $0 in FY 2002.  Estimated
Net Effect on State School Moneys Fund of $0 in FY 2000, FY
2001, and FY 2002.  Estimated Net Loss to School Building
Revolving Fund of $0 in FY 2000, $500,000 in FY 2001, and
$1,000,000 in FY 2002.  Estimated Net Loss to Drug Forfeiture
Fund of $0 in FY 2000, $500,000 in FY 2001, and $1,000,000 in FY
2002.  Estimated Net Income to State Forfeiture Fund of $0 in FY
2000, and Unknown in FY 2001 and FY 2002.

PROPONENTS:  Supporters say that giving law enforcement an
incentive to use state forfeiture proceedings instead of federal
forfeiture proceedings ensures that the schools will get their
fair share of forfeiture proceeds instead of receiving nothing.
Supporters also say that the joint resolutions erase the
perception that law enforcement has a direct fiscal interest in
forfeiture proceedings.

Testifying for the bill were Representatives Hosmer and Kreider;
Springfield Police Department; Missouri Police Chiefs
Association; Missouri Sheriff's Association; and the Attorney
General's Office.

OPPONENTS:  Those who oppose the bill say that giving forfeiture
proceeds to law enforcement creates a conflict of interest and
encourages law enforcement to focus on drug offenses and not
violent crime.  Opponents also say that some law enforcement
officials are ignoring the intent of the state forfeiture law
and that the law should be amended instead of the constitution.

Testifying against the bill were Missouri Association of
Criminal Defense Lawyers; Lafayette County Prosecutor's Office;
Dan Viets; Mike Matteuzzy; and John Walcheck.

Ted Wedel, Legal Counsel

HJR 10 -- Forfeiture Proceeds

Co-Sponsors:  Hosmer, Kreider

This proposed constitutional amendment gives 50% of the proceeds
from forfeitures to the state school moneys fund and 50% to the
Department of Public Safety forfeiture fund.  Ninety percent of
moneys in the Department of Public Safety forfeiture fund go to
the law enforcement agency responsible for the forfeiture.  The
remaining 10% is retained by the Department of Public Safety.