Kansas 2023-2024 Regular Session

Kansas House Bill HB2352

Introduced

2/8/23

Refer

2/8/23

Failed

4/30/24

Caption

Requiring the plaintiff's attorney to prove beyond a reasonable doubt that property is subject to forfeiture under the Kansas standard asset seizure and forfeiture act.

Impact

The impact of HB 2352 on state law is profound as it shifts the burden of proof in property forfeiture cases. Traditionally, the standard for forfeiture has been lower, allowing for easier confiscation of assets by the state. By requiring evidence beyond a reasonable doubt, the bill aims to bolster protections for individuals whose property may be seized, potentially leading to a decrease in the number of wrongful forfeitures. This change is expected to enhance fairness within the judicial process while also affecting law enforcement practices and their strategies for asset seizure.

Summary

House Bill 2352 aims to amend the Kansas standard asset seizure and forfeiture act by implementing a more stringent requirement for the plaintiff's attorney in forfeiture cases. The central provision of the bill requires that the attorney must prove beyond a reasonable doubt that the property in question is subject to forfeiture, significantly raising the threshold for asset seizure. This amendment is intended to protect property owners from wrongful forfeiture and ensure that there is a high level of certainty before property can be confiscated by the state.

Contention

Notably, there may be contention surrounding this bill among various stakeholders. Proponents, including civil rights advocates and property rights groups, argue that the reform is necessary to prevent unjust seizure and to uphold the integrity of property rights. Conversely, law enforcement agencies may express concerns that the higher burden of proof could hinder their ability to effectively combat crime and manage asset seizures essential to criminal investigations. As such, the discussions around HB 2352 reflect a broader debate over balancing individual rights with law enforcement needs.

Latest HB2352 Activity

Companion Bills

No companion bills found.

Similar Bills

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2396

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.