Kansas 2023-2024 Regular Session

Kansas House Bill HB2380 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2380
3	3	By Committee on Judiciary
4	4	2-9
5	5	AN ACT concerning seizure and forfeiture of property; relating to property
6	6	seized by law enforcement; requiring a conviction of an offense giving
7	7	rise to forfeiture under the Kansas standard asset seizure and forfeiture
8	8	act; remitting proceeds to the state general fund; increasing the burden
9	9	of proof required to forfeit property; making certain property ineligible
10	10	for forfeiture; providing persons involved in forfeiture proceedings
11	11	representation by counsel and the ability to demand a jury trial;
12	12	allowing a person to request a hearing on whether forfeiture is
13	13	excessive; amending K.S.A. 2022 Supp. 60-4104, 60-4105, 60-4106,
14	14	60-4107, 60-4109, 60-4112, 60-4113, 60-4114, 60-4117 and 60-4127
15	15	and repealing the existing sections.
16	16	Be it enacted by the Legislature of the State of Kansas:
17	17	Section 1. K.S.A. 2022 Supp. 60-4104 is hereby amended to read as
18	18	follows: 60-4104. Conduct and (a) Except as provided in subsection (b),
19	19	offenses giving rise to forfeiture under this act, whether or not there is a
20	20	prosecution or only after a conviction related to the offense, are:
21	21	(a)(1) All offenses which that statutorily and specifically authorize
22	22	forfeiture;
23	23	(b)(2) violations involving controlled substances, as described in
24	24	K.S.A. 2022 Supp. 21-5701 through 21-5717, and amendments thereto;
25	25	(c)(3) theft, as defined in K.S.A. 2022 Supp. 21-5801, and
26	26	amendments thereto;
27	27	(d)(4) criminal discharge of a firearm, as defined in K.S.A. 2022
28	28	Supp. 21-6308(a)(1) and (a)(2), and amendments thereto;
29	29	(e)(5) gambling, as defined in K.S.A. 2022 Supp. 21-6404, and
30	30	amendments thereto, and commercial gambling, as defined in K.S.A. 2022
31	31	Supp. 21-6406(a)(1), and amendments thereto;
32	32	(f)(6) counterfeiting, as defined in K.S.A. 2022 Supp. 21-5825, and
33	33	amendments thereto;
34	34	(g)(7) unlawful possession or use of a scanning device or reencoder,
35	35	as described in K.S.A. 2022 Supp. 21-6108, and amendments thereto;
36	36	(h)(8) medicaid fraud, as described in K.S.A. 2022 Supp. 21-5925
37	37	through 21-5934, and amendments thereto;
38	38	(i) an act or omission occurring outside this state, which would be a
39	39	violation in the place of occurrence and would be described in this section
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76	76	if the act occurred in this state, whether or not it is prosecuted in any state;
77	77	(j) an act or omission committed in furtherance of any act or omission
78	78	described in this section including any inchoate or preparatory offense,
79	79	whether or not there is a prosecution or conviction related to the act or
80	80	omission;
81	81	(k) any solicitation or conspiracy to commit any act or omission
82	82	described in this section, whether or not there is a prosecution or
83	83	conviction related to the act or omission;
84	84	(l)(9) terrorism, as defined in K.S.A. 2022 Supp. 21-5421, and
85	85	amendments thereto, illegal use of weapons of mass destruction, as
86	86	defined in K.S.A. 2022 Supp. 21-5422, and amendments thereto, and
87	87	furtherance of terrorism or illegal use of weapons of mass destruction, as
88	88	described in K.S.A. 2022 Supp. 21-5423, and amendments thereto;
89	89	(m)(10) unlawful conduct of dog fighting and unlawful possession of
90	90	dog fighting paraphernalia, as defined in K.S.A. 2022 Supp. 21-6414(a)
91	91	and (b), and amendments thereto;
92	92	(n)(11) unlawful conduct of cockfighting and unlawful possession of
93	93	cockfighting paraphernalia, as defined in K.S.A. 2022 Supp. 21-6417(a)
94	94	and (b), and amendments thereto;
95	95	(o)(12) selling sexual relations, as defined in K.S.A. 2022 Supp. 21-
96	96	6419, and amendments thereto, promoting the sale of sexual relations, as
97	97	defined in K.S.A. 2022 Supp. 21-6420, and amendments thereto, and
98	98	buying sexual relations, as defined in K.S.A. 2022 Supp. 21-6421, and
99	99	amendments thereto;
100	100	(p)(13) human trafficking and aggravated human trafficking, as
101	101	defined in K.S.A. 2022 Supp. 21-5426, and amendments thereto;
102	102	(q)(14) violations of the banking code, as described in K.S.A. 9-2012,
103	103	and amendments thereto;
104	104	(r)(15) mistreatment of a dependent adult, as defined in K.S.A. 2022
105	105	Supp. 21-5417, and amendments thereto;
106	106	(s)(16) giving a worthless check, as defined in K.S.A. 2022 Supp. 21-
107	107	5821, and amendments thereto;
108	108	(t)(17) forgery, as defined in K.S.A. 2022 Supp. 21-5823, and
109	109	amendments thereto;
110	110	(u)(18) making false information, as defined in K.S.A. 2022 Supp.
111	111	21-5824, and amendments thereto;
112	112	(v)(19) criminal use of a financial card, as defined in K.S.A. 2022
113	113	Supp. 21-5828, and amendments thereto;
114	114	(w)(20) unlawful acts concerning computers, as described in K.S.A.
115	115	2022 Supp. 21-5839, and amendments thereto;
116	116	(x)(21) identity theft and identity fraud, as defined in K.S.A. 2022
117	117	Supp. 21-6107(a) and (b), and amendments thereto;
118	118	(y)(22) electronic solicitation, as defined in K.S.A. 2022 Supp. 21-
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162	162	5509, and amendments thereto;
163	163	(z)(23) felony violations of fleeing or attempting to elude a police
164	164	officer, as described in K.S.A. 8-1568, and amendments thereto;
165	165	(aa)(24) commercial sexual exploitation of a child, as defined in
166	166	K.S.A. 2022 Supp. 21-6422, and amendments thereto;
167	167	(bb)(25) violations of the Kansas racketeer influenced and corrupt
168	168	organization act, as described in K.S.A. 2022 Supp. 21-6329, and
169	169	amendments thereto;
170	170	(cc)(26) indecent solicitation of a child and aggravated indecent
171	171	solicitation of a child, as defined in K.S.A. 2022 Supp. 21-5508, and
172	172	amendments thereto;
173	173	(dd)(27) sexual exploitation of a child, as defined in K.S.A. 2022
174	174	Supp. 21-5510, and amendments thereto; and
175	175	(ee)(28) violation of a consumer protection order as defined in K.S.A.
176	176	2022 Supp. 21-6423, and amendments thereto.
177	177	(b) A conviction for an offense giving rise to forfeiture shall not be
178	178	required when property is forfeited pursuant to:
179	179	(1) A plea agreement; or
180	180	(2) an agreement for a grant of immunity or reduced punishment in
181	181	exchange for testifying or assisting a law enforcement investigation or
182	182	prosecution.
183	183	Sec. 2. K.S.A. 2022 Supp. 60-4105 is hereby amended to read as
184	184	follows: 60-4105. (a) Except as provided in subsection (b), the following
185	185	property is subject to forfeiture:
186	186	(a)(1) Property described in a statute authorizing forfeiture;
187	187	(b)(2) except as otherwise provided by law, all property, of every
188	188	kind, including, but not limited to, cash and negotiable instruments and the
189	189	whole of any lot or tract of land and any appurtenances or improvements
190	190	to real property that is either:
191	191	(1)(A) Furnished or intended to be furnished by any person in an
192	192	exchange that constitutes conduct an offense giving rise to forfeiture; or
193	193	(2)(B) used or intended to be used in any manner to facilitate conduct
194	194	an offense giving rise to forfeiture, including, but not limited to, any
195	195	electronic device, computer, computer system, computer network or any
196	196	software or data owned by the defendant which is used during the
197	197	commission of an offense listed in K.S.A. 60-4104, and amendments
198	198	thereto;
199	199	(c)(3) all proceeds of any conduct an offense giving rise to forfeiture;
200	200	(d)(4) all property of every kind, including, but not limited to, cash
201	201	and negotiable instruments derived from or realized through any proceeds
202	202	which were obtained directly or indirectly from the commission of an
203	203	offense listed in K.S.A. 60-4104, and amendments thereto;
204	204	(e)(5) all weapons possessed, used, or available for use in any manner
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248	248	to facilitate conduct an offense giving rise to forfeiture;
249	249	(f)(6) ownership or interest in real property that is a homestead, to the
250	250	extent the homestead was acquired with proceeds from conduct giving rise
251	251	to forfeiture;
252	252	(g)(7) contraband, which shall be seized and summarily forfeited to
253	253	the state without regard to the procedures set forth in this act;
254	254	(h)(8) all controlled substances, raw materials, controlled substance
255	255	analogs, counterfeit substances, or imitation controlled substances that
256	256	have been manufactured, distributed, dispensed, possessed, or acquired in
257	257	violation of the laws of this state; and
258	258	(i)(9) any items bearing a counterfeit mark.
259	259	(b) The following property shall not be subject to forfeiture:
260	260	(1) Cash or negotiable instruments in an amount of less than $1,000;
261	261	(2) property of every kind other than cash or negotiable instruments
262	262	that has a market value of less than $2,500;
263	263	(3) property owned, in whole or in part, by a person who is not
264	264	convicted of an offense giving rise to forfeiture as defined in K.S.A. 60-
265	265	4104, and amendments thereto.
266	266	Sec. 3. K.S.A. 2022 Supp. 60-4106 is hereby amended to read as
267	267	follows: 60-4106. (a) All property, including all interests in property,
268	268	described in K.S.A. 60-4105, and amendments thereto, is subject to
269	269	forfeiture subject to all mortgages, deeds of trust, financing statements or
270	270	security agreements properly of record prior to the forfeiture held by an
271	271	interest holder except that property specifically exempted hereunder:
272	272	(1) No real property or conveyance, or an interest therein, may be
273	273	forfeited under this act unless the offense or conduct giving rise to
274	274	forfeiture constitutes a felony.
275	275	(2) No conveyance used by any person as a common carrier in the
276	276	transaction of business as a common carrier is subject to forfeiture under
277	277	this act unless the owner or other person in charge of the conveyance is a
278	278	consenting party or privy to a violation of this act the offense giving rise to
279	279	forfeiture.
280	280	(3) No property is subject to forfeiture under this act if the owner or
281	281	interest holder acquired the property before or during the conduct
282	282	commission of the offense giving rise to the property's forfeiture, and such
283	283	owner or interest holder:
284	284	(A) Did not know and could not have reasonably known of the act or
285	285	omission or that it was likely to occur; or
286	286	(B) acted reasonably to prevent the conduct offense giving rise to
287	287	forfeiture.
288	288	(4) No property is subject to forfeiture if the owner or interest holder
289	289	acquired the property after the conduct commission of the offense giving
290	290	rise to the property's forfeiture, including acquisition of proceeds of
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334	334	conduct an offense giving rise to forfeiture, and such owner or interest
335	335	holder:
336	336	(A) Acquired the property in good faith, for value; and
337	337	(B) was not knowingly taking part in an illegal transaction.
338	338	(5) (A) An interest in property acquired in good faith by an attorney
339	339	as reasonable payment or to secure payment for legal services in a criminal
340	340	matter relating to violations of this act or for the reimbursement of
341	341	reasonable expenses related to the legal services is exempt from forfeiture
342	342	unless before the interest was acquired the attorney knew of a judicial
343	343	determination of probable cause that the property is subject to forfeiture.
344	344	(B) The state bears the burden of proving that an exemption claimed
345	345	under this section is not applicable. Evidence made available by the
346	346	compelled disclosure of confidential communications between an attorney
347	347	and a client other than nonprivileged information relating to attorney fees,
348	348	is not admissible to satisfy the state's burden of proof.
349	349	(b) Notwithstanding subsection (a), property is not exempt from
350	350	forfeiture, even though the owner or interest holder lacked knowledge or
351	351	reason to know that the conduct giving rise to property's forfeiture had
352	352	occurred or was likely to occur, if the:
353	353	(1) Person whose conduct offense gave rise to the property's forfeiture
354	354	had authority to convey the property of the person claiming the exemption
355	355	to a good faith purchaser for value at the time of the conduct offense;
356	356	(2) owner or interest holder is criminally responsible for the conduct
357	357	convicted of the offense giving rise to the property's forfeiture, whether or
358	358	not there is a prosecution or conviction; or
359	359	(3) owner or interest holder acquired the property with notice of the
360	360	property's actual or constructive seizure for forfeiture under this act, or
361	361	with reason to believe that the property was subject to forfeiture under this
362	362	act.
363	363	(c) Prior to final judgment in a judicial forfeiture proceeding, a court
364	364	shall limit the scope of a proposed forfeiture to the extent the court finds
365	365	the effect of the forfeiture is grossly disproportionate to the nature and
366	366	severity of the owner's conduct, including, but not limited to, a
367	367	consideration of any of the following factors:
368	368	(1) The gain received or expected to be received by an owner from
369	369	such conduct that allows forfeiture;
370	370	(2) the value of the property subject to forfeiture;
371	371	(3) the extent to which the property actually facilitated the criminal
372	372	conduct offense giving rise to forfeiture;
373	373	(4) the nature and extent of the owner's knowledge of the role of
374	374	others in the conduct offense that allows forfeiture of the property and
375	375	efforts of the owner to prevent the conduct such offense; and
376	376	(5) the totality of the circumstances regarding the investigation.
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420	420	Sec. 4. K.S.A. 2022 Supp. 60-4107 is hereby amended to read as
421	421	follows: 60-4107. (a) Property may be seized for forfeiture by a law
422	422	enforcement officer upon process issued by the district court. The court
423	423	may issue a seizure warrant on an affidavit under oath demonstrating that
424	424	probable cause exists for the property's forfeiture or that the property has
425	425	been the subject of a previous final judgment of forfeiture in the courts of
426	426	any state or of the United States. The court may order that the property be
427	427	seized on such terms and conditions as are reasonable in the discretion of
428	428	the court. The order may be made on or in connection with a search
429	429	warrant. All real property is to be seized constructively or pursuant to a
430	430	pre-seizure adversarial judicial determination of probable cause, except
431	431	that this determination may be done ex parte when the attorney for the
432	432	state has demonstrated exigent circumstances to the court.
433	433	(b) Property may be seized for forfeiture by a law enforcement officer
434	434	without process on probable cause to believe the property is subject to
435	435	forfeiture under this act.
436	436	(c) Property may be seized constructively by:
437	437	(1) Posting notice of seizure for forfeiture or notice of pending
438	438	forfeiture on the property.
439	439	(2) Giving notice pursuant to K.S.A. 60-4109, and amendments
440	440	thereto.
441	441	(3) Filing or recording in the public records relating to that type of
442	442	property notice of seizure for forfeiture, notice of pending forfeiture, a
443	443	forfeiture lien or a lis pendens. Filings or recordings made pursuant to this
444	444	act are not subject to a filing fee or other charge, except that court costs
445	445	may be assessed and, if assessed, shall include the amount of the docket
446	446	fee prescribed by K.S.A. 60-2001, and amendments thereto, and any
447	447	additional court costs accrued in the action.
448	448	(d) The seizing agency shall make reasonable effort to provide notice
449	449	of the seizure to the person from whose possession or control the property
450	450	was seized and any interest holder of record within 30 days of seizing the
451	451	property. If no person is in possession or control, the seizing agency may
452	452	attach the notice to the property or to the place of the property's seizure or
453	453	may make a reasonable effort to deliver the notice to the owner of the
454	454	property. The notice shall contain a general description of the property
455	455	seized, the date and place of seizure, the name of the seizing agency and
456	456	the address and telephone number of the seizing officer or other person or
457	457	agency from whom information about the seizure may be obtained.
458	458	(e) A person who acts in good faith and in a reasonable manner to
459	459	comply with an order of the court or a request of a law enforcement officer
460	460	is not liable to any person on account of acts done in reasonable
461	461	compliance with the order or request. No liability may attach from the fact
462	462	that a person declines a law enforcement officer's request to deliver
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506	506	property.
507	507	(f) A possessory lien of a person from whose possession property is
508	508	seized is not affected by the seizure.
509	509	(g) When property is seized for forfeiture under this act, the seizing
510	510	agency shall, within 45 14 days of such seizure, forward to the county or
511	511	district attorney in whose jurisdiction the seizure occurred, a written
512	512	request for forfeiture which shall include a statement of facts and
513	513	circumstances of the seizure, the estimated value of the property, the
514	514	owner and lienholder of the property, the amount of any lien, and a
515	515	summary of the facts relied on for forfeiture.
516	516	(h) (1) Upon receipt of a written request for forfeiture from a local
517	517	law enforcement agency, the county or district attorney shall accept or
518	518	decline the request within 14 days. If the county or district attorney
519	519	declines such request, or fails to answer, the seizing agency may, within 14
520	520	days after the county or district attorney declines such request:
521	521	(1)(A) Request a state law enforcement agency that enforces this act
522	522	to adopt the forfeiture; or
523	523	(2)(B) engage an attorney, approved by the county or district attorney,
524	524	to represent the agency in the forfeiture proceeding, but in no event shall
525	525	the county or district attorney approve an attorney with whom the county
526	526	or district attorney has a financial interest, either directly or indirectly.
527	527	(2) If the county or district attorney declines such request, or fails to
528	528	answer, and the seizing agency does not request a state law enforcement
529	529	agency to adopt the forfeiture or engage an attorney to represent the
530	530	agency, the property that was seized for forfeiture shall be returned to the
531	531	person from whom possession or control of the property was seized within
532	532	30 days.
533	533	(i) (1) Upon receipt of a written request for forfeiture from a state law
534	534	enforcement agency, the county or district attorney shall accept or decline
535	535	the request within 14 days. If the county or district attorney declines such
536	536	request, or fails to answer, the seizing agency may engage an assistant
537	537	attorney general or other attorney approved by the attorney general to
538	538	represent the agency in the forfeiture proceeding, but in no event shall the
539	539	attorney general approve an attorney with whom the attorney general has a
540	540	financial interest, either directly or indirectly.
541	541	(2) If the county or district attorney declines such request, or fails to
542	542	answer, and the seizing agency does not request an assistant attorney
543	543	general or other attorney approved by the attorney general to represent
544	544	the agency, the property that was seized for forfeiture shall be returned to
545	545	the person from whom possession or control of the property was seized
546	546	within 30 days.
547	547	(j) A county or district attorney or the attorney general shall not
548	548	request or receive any referral fee or personal financial benefit, either
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592	592	directly or indirectly, in any proceeding conducted under this act.
593	593	(k) Nothing in this act shall prevent the attorney general, an employee
594	594	of the attorney general or an authorized representative of the attorney
595	595	general from conducting forfeiture proceedings under this act.
596	596	(l) Nothing in this act shall prevent a seizing agency from requesting
597	597	federal adoption of a seizure. It shall not be necessary to obtain any order
598	598	pursuant to K.S.A. 22-2512, and amendments thereto, to release any seized
599	599	property to a federal agency if the county or district attorney approves of
600	600	such transfer.No law enforcement agency shall request federal adoption of
601	601	a seizure pursuant to this act.
602	602	(m) Nothing in this act shall prevent a seizing agency, or the
603	603	plaintiff's attorney on behalf of the seizing agency, from settling any
604	604	alleged forfeiture claim against property before or during forfeiture
605	605	proceedings. Such settlement shall be in writing and shall be approved, if a
606	606	local agency, by the county or district attorney or, if a state agency, by the
607	607	attorney general's office and a district court judge. No hearing or other
608	608	proceeding shall be necessary. The records of settlements occurring prior
609	609	to commencement of judicial forfeiture proceedings in the district court
610	610	shall be retained by the county or district attorney for not less than five
611	611	years.
612	612	(n) Settlements under this act shall not be conditioned upon any
613	613	disposition of criminal charges.When property is seized for forfeiture
614	614	under this act, the seizing agency shall not request or induce any person
615	615	who asserts ownership or possession of or any lawful right to the property
616	616	to waive such interest in such property until forfeiture proceedings are
617	617	commenced pursuant to K.S.A. 60-4109, and amendments thereto.
618	618	Sec. 5. K.S.A. 2022 Supp. 60-4109 is hereby amended to read as
619	619	follows: 60-4109. (a) Forfeiture proceedings shall be commenced only
620	620	after a conviction for the offense giving rise to forfeiture by filing a notice
621	621	of pending forfeiture or a judicial forfeiture action:
622	622	(1) If the plaintiff's attorney fails to initiate forfeiture proceedings by
623	623	notice of pending forfeiture within 90 days against property seized for
624	624	forfeiture or if the seizing agency fails to pursue forfeiture of the property
625	625	upon which a proper claim has been timely filed by filing a judicial
626	626	forfeiture proceeding within 90 days after notice of pending forfeiture, the
627	627	property shall be released on the request of an owner or interest holder to
628	628	such owner's or interest holder's custody, as custodian for the court,
629	629	pending further proceedings pursuant to this act. Such custodianship shall
630	630	not exceed 90 days following the release to the owner or interest holder
631	631	unless an extension is authorized by the court for good cause shown.
632	632	(2) If, after notice of pending forfeiture, a claimant files a petition for
633	633	recognition of exemption pursuant to K.S.A. 60-4110, and amendments
634	634	thereto, the plaintiff's attorney may delay filing the judicial forfeiture
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678	678	proceeding for a total of 180 days after the notice of pending forfeiture
679	679	except that if an interest holder timely files a proper petition documenting
680	680	the complete nature and extent of such holder's interest, including all of the
681	681	contractual terms and current status, the plaintiff's attorney may delay
682	682	filing a judicial forfeiture proceeding only if such attorney provides each
683	683	such petitioner with a written recognition of exemption within 60 days
684	684	after the effective date of the notice of pending forfeiture, recognizing the
685	685	interest of such petitioner to the extent of documented outstanding
686	686	principal plus interest at the contract rate until paid and any attorney fees
687	687	ordered by a court pursuant to such contract.
688	688	(3) Whenever notice of pending forfeiture or service of an in rem
689	689	complaint or notice of a recognition of exemption and statement of
690	690	nonexempt interests is required under this act, notice or service shall be
691	691	given in accordance with one of the following:
692	692	(A) If the owner's or interest holder's name and current address are
693	693	known, by either personal service by any person qualified to serve process
694	694	or by any law enforcement officer or by mailing a copy of the notice by
695	695	certified mail, return receipt requested, to the known address, pursuant to
696	696	the code of civil procedure;
697	697	(B) if the owner's or interest holder's name and address are required
698	698	by law to be on record with a municipal, county, state or federal agency to
699	699	perfect an interest in the property, and the owner's or interest holder's
700	700	current address is not known, by mailing a copy of the notice by certified
701	701	mail, return receipt requested, to any address of record with any of the
702	702	described agencies, pursuant to the code of civil procedure; or
703	703	(C) if the owner's or interest holder's address is not known and is not
704	704	on record as provided in subparagraph (B), or the owner's or interest
705	705	holder's interest is not known, or if service by certified mail was attempted
706	706	pursuant to subparagraph (A) or (B) and was not effective, by publication
707	707	in one issue of the official county newspaper, as defined by K.S.A. 64-101,
708	708	and amendments thereto, in the county in which the seizure occurred.
709	709	(4) Notice is effective pursuant to the code of civil procedure, except
710	710	that notice of pending forfeiture of real property is not effective until it is
711	711	recorded. Notice of pending forfeiture shall include a description of the
712	712	property, the date and place of seizure, the conduct giving rise to forfeiture
713	713	or the violation of law alleged and a summary of procedures and
714	714	procedural rights applicable to the forfeiture action. An affidavit describing
715	715	the essential facts supporting forfeiture shall be included with the notice.
716	716	Copies of judicial council forms for petitioning for recognition of an
717	717	exemption pursuant to K.S.A. 60-4110, and amendments thereto, and for
718	718	making a claim pursuant to K.S.A. 60-4111, and amendments thereto, shall
719	719	be provided with the notice.
720	720	(b) The plaintiff's attorney, without a filing fee, may file a lien for the
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764	764	forfeiture of property upon the initiation of any civil or criminal
765	765	proceeding relating to conduct giving rise to forfeiture under this act or
766	766	upon seizure for forfeiture. Court costs may be assessed and, if assessed,
767	767	shall include the amount of the docket fee prescribed by K.S.A. 60-2001,
768	768	and amendments thereto, and any additional court costs accrued in the
769	769	action. A plaintiff's attorney may also file a forfeiture lien in this state in
770	770	connection with a proceeding or seizure for forfeiture in any other state
771	771	under a state or federal statute substantially similar to the relevant
772	772	provisions of this act. The filing constitutes notice to any person claiming
773	773	an interest in the seized property or in property owned by the named
774	774	person.
775	775	(1) The lien notice shall set forth the following:
776	776	(A) The name of the person and, in the discretion of the lienor, any
777	777	alias, or the name of any corporation, partnership, trust or other entity,
778	778	including nominees, that are owned entirely or in part or controlled by the
779	779	person; and
780	780	(B) the description of the seized property, the criminal or civil
781	781	proceeding that has been brought relating to conduct giving rise to
782	782	forfeiture under this act, the amount claimed by the lienor, the name of the
783	783	district court where the proceeding or action has been brought, and the
784	784	case number of the proceeding or action if known at the time of filing.
785	785	(2) A lien filed pursuant to this subsection applies to the described
786	786	seized property or to one named person, any aliases, fictitious names, or
787	787	other names, including the names of any corporation, partnership, trust, or
788	788	other entity, owned entirely or in part, or controlled by the named person,
789	789	and any interest in real property owned or controlled by the named person.
790	790	A separate forfeiture lien shall be filed for each named person.
791	791	(3) The notice of lien creates, upon filing, a lien in favor of the lienor
792	792	as it relates to the seized property or the named person or related entities.
793	793	The lien secures the amount of potential liability for civil judgment, and if
794	794	applicable, the fair market value of seized property relating to all
795	795	proceedings under this act enforcing the lien. The notice of forfeiture lien
796	796	referred to in this subsection shall be filed in accordance with the
797	797	provisions of the laws of this state relating to the type of property that is
798	798	subject to the lien. The validity and priority of the forfeiture lien shall be
799	799	determined in accordance with applicable law pertaining to liens. The
800	800	lienor may amend or release, in whole or in part, a lien filed under this
801	801	subsection at any time by filing, without a filing fee, an amended lien in
802	802	accordance with this subsection which identifies the lien amended. The
803	803	lienor, as soon as practical after filing the lien, shall furnish to any person
804	804	named in the lien a notice of the filing of the lien. Failure to furnish notice
805	805	under this subsection shall not invalidate or otherwise affect the lien.
806	806	(4) Upon entry of judgment in the seizing agency's favor, the seizing
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850	850	agency may proceed to execute on the lien as provided by law.
851	851	(5) A trustee, constructive or otherwise, who has notice that a notice
852	852	of forfeiture lien, or a notice of pending forfeiture, or a civil forfeiture
853	853	proceeding has been filed against the property or against any person or
854	854	entity for whom the person holds title or appears as record owner, shall
855	855	furnish within 14 days, to the seizing agency or the plaintiff's attorney all
856	856	of the following information, unless all of the information is of record in
857	857	the public records giving notice of liens on that type of property:
858	858	(A) The name and address of each person or entity for whom the
859	859	property is held;
860	860	(B) the description of all other property whose legal title is held for
861	861	the benefit of the named person; and
862	862	(C) a copy of the applicable trust agreement or other instrument, if
863	863	any, under which the trustee or other person holds legal title or appears as
864	864	record owner of the property.
865	865	(6) A trustee with notice who knowingly fails to comply with the
866	866	provisions of this subsection shall be guilty of a class B nonperson
867	867	misdemeanor.
868	868	(7) A trustee with notice who fails to comply with paragraph (5) is
869	869	subject to a civil penalty of $100 for each day of noncompliance. The court
870	870	shall enter judgment ordering payment of $100 for each day of
871	871	noncompliance from the effective date of the notice until the required
872	872	information is furnished or the seizing agency executes the seizing
873	873	agency's judgment lien under this section.
874	874	(8) To the extent permitted by the constitutions of the United States
875	875	and the state of Kansas, the duty to comply with paragraph (5) shall not be
876	876	excused by any privilege or provision of law of this state or any other state
877	877	or country which authorizes or directs that testimony or records required to
878	878	be furnished pursuant to paragraph (5) are privileged, confidential and
879	879	otherwise may not be disclosed.
880	880	(9) A trustee who furnishes information pursuant to paragraph (5) is
881	881	immune from civil liability for the release of the information.
882	882	(10) An employee of the seizing agency or the plaintiff's attorney
883	883	who releases the information obtained pursuant to paragraph (5), except in
884	884	the proper discharge of official duties, is guilty of a class B nonperson
885	885	misdemeanor.
886	886	(11) If any information furnished pursuant to paragraph (5) is offered
887	887	in evidence, the court may seal that portion of the record or may order that
888	888	the information be disclosed in a designated way.
889	889	(12) A judgment or an order of payment entered pursuant to this
890	890	section becomes a judgment lien against the property alleged to be subject
891	891	to forfeiture.
892	892	Sec. 6. K.S.A. 2022 Supp. 60-4112 is hereby amended to read as
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936	936	follows: 60-4112. (a) A judicial forfeiture proceeding under this act is
937	937	subject to the provisions of this section.
938	938	(b) The court, on application of the plaintiff's attorney, may enter any
939	939	restraining order or injunction, require the execution of satisfactory
940	940	performance bonds, create receiverships, appoint conservators, custodians,
941	941	appraisers, accountants or trustees, or take any other action to seize,
942	942	secure, maintain or preserve the availability of property subject to
943	943	forfeiture under this act, including a writ of attachment or a warrant for
944	944	such property's seizure, whether before or after the filing of a notice of
945	945	pending forfeiture or complaint.
946	946	(c) If property is seized for forfeiture or a forfeiture lien is filed
947	947	without a previous judicial determination of probable cause or order of
948	948	forfeiture or a hearing under K.S.A. 60-4114(c), and amendments thereto,
949	949	the court, on an application filed by an owner of or interest holder in the
950	950	property within 14 days after notice of the property's seizure for forfeiture
951	951	or lien, or actual knowledge of it, whichever is earlier, and after complying
952	952	with the requirements for claims in K.S.A. 60-4109, and amendments
953	953	thereto, after seven days' notice to the plaintiff's attorney, may issue an
954	954	order to show cause to the seizing agency, for a hearing on the sole issue
955	955	of whether probable cause for forfeiture of the property then exists. The
956	956	hearing shall be held within 30 days of the order to show cause unless
957	957	continued for good cause on motion of either party. If the court finds that
958	958	there is no probable cause for forfeiture of the property, or if the seizing
959	959	agency elects not to contest the issue, the property shall be released to the
960	960	custody of the applicant, as custodian for the court, or from the lien
961	961	pending the outcome of a judicial proceeding pursuant to this act. If the
962	962	court finds that probable cause for the forfeiture of the property exists, the
963	963	court shall not order the property released.
964	964	(d) All applications filed within the 14-day period prescribed by
965	965	subsection (c) shall be consolidated for a single hearing relating to each
966	966	applicant's interest in the property seized for forfeiture.
967	967	(e) A person charged with a criminal offense may apply at any time
968	968	before final judgment to the court where the forfeiture proceeding is
969	969	pending for the release of property seized for forfeiture, that is necessary
970	970	for the defense of the person's criminal charge. The application shall
971	971	satisfy the requirements under K.S.A. 60-4111(b), and amendments
972	972	thereto. The court shall hold a probable cause hearing if the applicant
973	973	establishes that:
974	974	(1) The person has not had an opportunity to participate in a previous
975	975	adversarial judicial determination of probable cause;
976	976	(2) the person has no access to other moneys adequate for the
977	977	payment of criminal counsel; and
978	978	(3) the interest in property to be released is not subject to any claim
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1022	1022	other than the forfeiture.
1023	1023	(f) If the court finds that there is no probable cause for forfeiture of
1024	1024	the property, the court shall order the property released pursuant to
1025	1025	subsection (c). If the seizing agency does not contest the hearing, the court
1026	1026	may release a reasonable amount of property for the payment of the
1027	1027	applicant's criminal defense costs. Property that has been released by the
1028	1028	court and that has been paid for criminal defense services actually
1029	1029	rendered is exempt under this act.
1030	1030	(g) A defendant convicted in any criminal proceeding is precluded
1031	1031	from later denying the elements of the criminal offense of which the
1032	1032	defendant was convicted in any proceeding pursuant to this section. For
1033	1033	the purposes of this section, a conviction results from a verdict or plea of
1034	1034	guilty, including a plea of no contest or nolo contendere.
1035	1035	(h) (1) At any time following seizure pursuant to this act, the person
1036	1036	from whose possession or control the property was seized may petition the
1037	1037	court to determine whether such forfeiture is unconstitutionally excessive.
1038	1038	(2) The plaintiff's attorney has the burden of establishing that the
1039	1039	forfeiture is proportional to the seriousness of the offense giving rise to the
1040	1040	forfeiture beyond a reasonable doubt at a hearing conducted by the court
1041	1041	without a jury. Such hearing may be a component of the associated trial
1042	1042	and not a separate hearing.
1043	1043	(3) In determining whether the forfeiture is unconstitutionally
1044	1044	excessive, the court may consider all relevant factors, including, but not
1045	1045	limited to:
1046	1046	(A) The seriousness of the offense;
1047	1047	(B) the extent to which the person whose possession or control of the
1048	1048	property was seized participated in the offense;
1049	1049	(C) the extent to which the property was used in committing the
1050	1050	offense;
1051	1051	(D) the sentence imposed for committing the offense giving rise to
1052	1052	forfeiture;
1053	1053	(E) the punitive nature of the forfeiture; and
1054	1054	(F) the fair market value of the property compared to the property
1055	1055	owner's net worth.
1056	1056	(i) In any proceeding under this act, if a claim is based on any
1057	1057	exemption provided for in this act, the burden of proving the existence of
1058	1058	the exemption is on the claimant, and is not necessary for the seizing
1059	1059	agency or plaintiff's attorney to negate the exemption in any application or
1060	1060	complaint.
1061	1061	(i)(j) In hearings and determinations pursuant to this section, the court
1062	1062	may receive and consider, in making any determination of probable cause
1063	1063	or reasonable cause, all evidence admissible in determining probable cause
1064	1064	at a preliminary hearing or in the issuance of a search warrant, together
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1108	1108	with inferences therefrom.
1109	1109	(j)(k) The totality of the circumstances shall determine if the property
1110	1110	of a person is subject to forfeiture under this act. Factors that may be
1111	1111	considered include, but are not limited to, the following:
1112	1112	(1) The person has engaged in conduct giving rise to forfeiture;
1113	1113	(2) the property was acquired by the person during that period of the
1114	1114	conduct giving rise to forfeiture or within a reasonable time after the
1115	1115	period;
1116	1116	(3) there was no likely source for the property other than the conduct
1117	1117	giving rise to forfeiture; and
1118	1118	(4) the proximity to contraband or an instrumentality giving rise to
1119	1119	forfeiture.
1120	1120	(k)(l) A finding that property is the proceeds of conduct giving rise to
1121	1121	forfeiture does not require proof the property is the proceeds of any
1122	1122	particular exchange or transaction.
1123	1123	(l)(m) A person who acquires any property subject to forfeiture is a
1124	1124	constructive trustee of the property, and such property's fruits, for the
1125	1125	benefit of the seizing agency, to the extent that such agency's interest is not
1126	1126	exempt from forfeiture. If property subject to forfeiture has been
1127	1127	commingled with other property, the court shall order the forfeiture of the
1128	1128	mingled property and of any fruits of the mingled property, to the extent of
1129	1129	the property subject to forfeiture, unless an owner or interest holder proves
1130	1130	that specified property does not contain property subject to forfeiture, or
1131	1131	that such owner's or interest holder's interest in specified property is
1132	1132	exempt from forfeiture.
1133	1133	(m)(n) All property declared forfeited under this act vests in the law
1134	1134	enforcement agency seeking forfeiture on the date of commission of the
1135	1135	conduct giving rise to forfeiture together with the proceeds of the property
1136	1136	after that time. Any such property or proceeds subsequently transferred to
1137	1137	any person remain subject to forfeiture and thereafter shall be ordered
1138	1138	forfeited unless the transferee acquired the property in good faith, for
1139	1139	value, and was not knowingly taking part in an illegal transaction, and the
1140	1140	transferee's interest is exempt under K.S.A. 60-4106, and amendments
1141	1141	thereto.
1142	1142	(n) An acquittal or dismissal in a criminal proceeding shall not
1143	1143	preclude civil proceedings under this act, nor give rise to any presumption
1144	1144	adverse or contrary to any fact alleged by the seizing agency.
1145	1145	(o) On motion, the court shall stay discovery against the criminal
1146	1146	defendant and against the seizing agency in civil proceedings during a
1147	1147	related criminal proceeding alleging the same conduct, after making
1148	1148	provision to prevent loss to any party resulting from the delay. Such a stay
1149	1149	shall not be available pending any appeal by a defendant.
1150	1150	(p) An owner or interest holder in property shall be entitled to the
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1194	1194	assistance of counsel during proceedings conducted pursuant to this act.
1195	1195	(q) Except as otherwise provided by this act, all proceedings
1196	1196	hereunder shall be governed by the rules of civil procedure pursuant to
1197	1197	K.S.A. 60-101 et seq., and amendments thereto.
1198	1198	(r) In any proceeding where an owner or interest holder in property
1199	1199	prevails by recovering at least half, by value, of the property, the court
1200	1200	shall order the seizing agency or prosecuting attorney to pay:
1201	1201	(1) Reasonable attorney fees and other litigation costs incurred by
1202	1202	the owner; and
1203	1203	(2) in cases involving money or other negotiable instruments or the
1204	1204	proceeds from a sale of property, interest at the rate established by K.S.A.
1205	1205	16-204, and amendments thereto, from the date of the seizure.
1206	1206	(s) An owner or interest holder in property shall have the right to
1207	1207	appeal an order of the district court in a proceeding pursuant to this act. If
1208	1208	it is determined that the owner or interest holder is not able to employ
1209	1209	counsel, the court shall appoint an attorney from the panel for indigents'
1210	1210	defense services or otherwise in accordance with the applicable system for
1211	1211	providing legal defense services for indigent persons prescribed by the
1212	1212	state board of indigents' defense services.
1213	1213	(q)(t) An action pursuant to this act shall be consolidated with any
1214	1214	other action or proceeding pursuant to this act or to such other foreclosure
1215	1215	or trustee sale proceedings relating to the same property on motion of the
1216	1216	plaintiff's attorney, and may be consolidated on motion of an owner or
1217	1217	interest holder.
1218	1218	Sec. 7. K.S.A. 2022 Supp. 60-4113 is hereby amended to read as
1219	1219	follows: 60-4113. (a) A judicial in rem forfeiture proceeding brought by
1220	1220	the plaintiff's attorney pursuant to a notice of pending forfeiture or verified
1221	1221	petition for forfeiture is also subject to the provisions of this section. If a
1222	1222	forfeiture is authorized by this act, it shall be ordered by the court in the in
1223	1223	rem action.
1224	1224	(b) An action in rem may be brought by the plaintiff's attorney in
1225	1225	addition to, or in lieu of, civil in personam forfeiture procedures. The
1226	1226	seizing agency may serve the complaint in the manner provided by K.S.A.
1227	1227	60-4109(a)(3), and amendments thereto, or as provided by the rules of
1228	1228	civil procedure.
1229	1229	(c) Only an owner of or an interest holder in the property who has
1230	1230	timely filed a proper claim may file an answer in an action in rem. For the
1231	1231	purposes of this section, an owner of or interest holder in property who has
1232	1232	filed a claim and answer shall be referred to as a claimant. A claimant may
1233	1233	demand a jury trial pursuant to K.S.A. 60-238, and amendments thereto,
1234	1234	and shall be entitled to assistance of counsel. If it is determined that the
1235	1235	claimant is not able to employ counsel, the court shall appoint an attorney
1236	1236	from the panel for indigents' defense services or otherwise in accordance
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1280	1280	with the applicable system for providing legal defense services for
1281	1281	indigent persons prescribed by the state board of indigents' defense
1282	1282	services.
1283	1283	(d) The answer shall be signed by the claimant under penalty of
1284	1284	perjury, K.S.A. 2021 Supp. 21-5903, and amendments thereto, shall
1285	1285	otherwise be in accordance with the rules of civil procedure on answers
1286	1286	and shall also set forth the following:
1287	1287	(1) The caption of the proceedings and identifying number, if any, as
1288	1288	set forth on the notice of pending forfeiture or complaint and the name of
1289	1289	the claimant;
1290	1290	(2) the address where the claimant will accept mail;
1291	1291	(3) the nature and extent of the claimant's interest in the property; and
1292	1292	(4) a detailed description of when and how the claimant obtained an
1293	1293	interest in the property.
1294	1294	(e) Substantial compliance with subsection (d) shall be deemed
1295	1295	sufficient.
1296	1296	(f) It is permissible to assert the right against self-incrimination in an
1297	1297	answer. If a claimant asserts the right, the court, in the court's discretion,
1298	1298	may draw an adverse inference from the assertion against the claimant.
1299	1299	The adverse inference shall not, by itself, be the basis of a judgment
1300	1300	against the claimant.
1301	1301	(g) The answer shall be filed within 21 days after service of the civil
1302	1302	in rem complaint.
1303	1303	(h) The issue shall be determined by the court alone. The plaintiff's
1304	1304	attorney shall have the initial burden of proving the interest in the property
1305	1305	is subject to forfeiture by a preponderance of the evidence beyond a
1306	1306	reasonable doubt. If the state proves the interest in the property is subject
1307	1307	to forfeiture, the claimant has the burden of showing by a preponderance
1308	1308	of the evidence that the claimant has an interest in the property which is
1309	1309	not subject to forfeiture.
1310	1310	(i) If the plaintiff's attorney fails to meet the burden of proof for
1311	1311	forfeiture, or a claimant establishes by a preponderance of the evidence
1312	1312	that the claimant has an interest that is exempt under the provisions of
1313	1313	K.S.A. 60-4106, and amendments thereto, the court shall order the interest
1314	1314	in the property returned or conveyed to the claimant. The claimant shall
1315	1315	not be assessed a fee for storage or any other fee related to the property.
1316	1316	The court shall order all other property forfeited to the seizing agency and
1317	1317	conduct further proceedings pursuant to K.S.A. 60-4116 and 60-4117, and
1318	1318	amendments thereto.
1319	1319	Sec. 8. K.S.A. 2022 Supp. 60-4114 is hereby amended to read as
1320	1320	follows: 60-4114. (a) (1) A judicial in personam forfeiture proceeding
1321	1321	brought by the plaintiff's attorney pursuant to an in personam civil action
1322	1322	alleging conduct giving rise to forfeiture is also subject to the provisions of
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1366	1366	this section. If a forfeiture is authorized by this act, it shall be ordered by
1367	1367	the court in the in personam action. The action shall be in addition to or in
1368	1368	lieu of in rem forfeiture procedures.
1369	1369	(2) In any proceeding pursuant to this section, the court, on
1370	1370	application of the plaintiff's attorney, may enter any order authorized by
1371	1371	K.S.A. 60-4112, and amendments thereto.
1372	1372	(b) The court may issue a temporary restraining order in an action
1373	1373	under this section on application of the plaintiff's attorney, without notice
1374	1374	or an opportunity for a hearing, if the plaintiff's attorney demonstrates that:
1375	1375	(1) There is probable cause to believe that in the event of a final
1376	1376	judgment, the property involved would be subject to forfeiture under the
1377	1377	provisions of this act; and
1378	1378	(2) a provision of notice would jeopardize the availability of the
1379	1379	property for forfeiture.
1380	1380	(c) Notice of the issuance of a temporary restraining order and an
1381	1381	opportunity for a hearing shall be given to persons known to have an
1382	1382	interest in the property. Such persons shall be entitled to assistance of
1383	1383	counsel. If it is determined that a person is not able to employ counsel, the
1384	1384	court shall appoint an attorney from the panel for indigents' defense
1385	1385	services or otherwise in accordance with the applicable system for
1386	1386	providing legal defense services for indigent persons prescribed by the
1387	1387	state board of indigents' defense services. A hearing shall be held at the
1388	1388	earliest possible date in accordance with the applicable civil rule and shall
1389	1389	be limited to the issues of whether:
1390	1390	(1) There is a probability that the seizing agency will prevail on the
1391	1391	issue of forfeiture and that failure to enter the order could result in the
1392	1392	property being destroyed, conveyed, alienated, encumbered, further
1393	1393	encumbered, disposed of, purchased, received, removed from the
1394	1394	jurisdiction of the court, concealed, or otherwise made unavailable for
1395	1395	forfeiture; and
1396	1396	(2) the need to preserve the availability of property through the entry
1397	1397	of the requested order outweighs the hardship on any owner or interest
1398	1398	holder against whom the order is to be entered.
1399	1399	(d) On a determination of liability of a person for conduct giving rise
1400	1400	to forfeiture under this act, the court shall enter a judgment of forfeiture of
1401	1401	the property found to be subject to forfeiture described in the complaint
1402	1402	and shall also authorize the plaintiff's attorney or any law enforcement
1403	1403	officer to seize all property ordered forfeited which was not previously
1404	1404	seized or is not then under seizure. Following the entry of an order
1405	1405	declaring the property forfeited, the court, on application of the plaintiff's
1406	1406	attorney, may enter any appropriate order to protect the interest of the
1407	1407	seizing agency in the property ordered forfeited. If no determination of
1408	1408	liability is made pursuant to this subsection, the property that was seized
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1452	1452	shall be returned to the person known to have an interest in the property
1453	1453	within 7 days. Such person shall not be assessed a fee for storage or any
1454	1454	other fee related to the property.
1455	1455	(e) Following the entry of an order of forfeiture under subsection (d),
1456	1456	the plaintiff's attorney may give notice of pending forfeiture, in the manner
1457	1457	provided in K.S.A. 60-4109, and amendments thereto, to all owners and
1458	1458	interest holders who have not previously been given notice.
1459	1459	(f) An owner of or interest holder in property that has been forfeited
1460	1460	and whose claim is not precluded may file a claim as described in K.S.A.
1461	1461	60-4111, and amendments thereto, within 60 days after initial notice of
1462	1462	pending forfeiture or after notice under subsection (e), whichever is earlier.
1463	1463	An owner of or interest holder in property may demand a jury trial
1464	1464	pursuant to K.S.A. 60-238, and amendments thereto, and shall be entitled
1465	1465	to assistance of counsel. If the seizing agency does not recognize the
1466	1466	claimed exemption, the plaintiff's attorney shall file a complaint and the
1467	1467	court shall hold the hearing and determine the claim, without a jury, in the
1468	1468	manner provided for in rem judicial forfeiture actions in K.S.A. 60-4113,
1469	1469	and amendments thereto.
1470	1470	(g) In accordance with findings made at the hearing, the court may
1471	1471	amend the order of forfeiture if the court determines that any claimant has
1472	1472	established by a preponderance of the evidence that the claimant has an
1473	1473	interest in the property and that the claimant's interest is exempt under
1474	1474	K.S.A. 60-4106, and amendments thereto.
1475	1475	(h) Except as provided in K.S.A. 60-4112(c), and amendments
1476	1476	thereto, no person claiming an interest in property subject to forfeiture
1477	1477	under this act may intervene in a trial or appeal of a criminal action or in
1478	1478	an in personam civil action involving the forfeiture of the property.
1479	1479	Sec. 9. K.S.A. 2022 Supp. 60-4117 is hereby amended to read as
1480	1480	follows: 60-4117. Except as provided in K.S.A. 65-7014, and amendments
1481	1481	thereto: (a) When property is forfeited under this act, the law enforcement
1482	1482	agency may:
1483	1483	(1) Retain such property for official use or transfer the custody or
1484	1484	ownership to any local, or state or federal agency, subject to any lien
1485	1485	preserved by the court;
1486	1486	(2) transfer the custody or ownership to any federal agency if the
1487	1487	property was seized and forfeited pursuant to federal law;
1488	1488	(3) destroy or use for investigative or training purposes, any illegal or
1489	1489	controlled substances and equipment or other contraband, provided that
1490	1490	materials necessary as evidence shall be preserved;
1491	1491	(3)(4) sell property which is not required by law to be destroyed and
1492	1492	which is not harmful to the public:
1493	1493	(A) All property, except real property, designated by the seizing
1494	1494	agency to be sold shall be sold at public sale to the highest bidder for cash
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1537	1537	43 HB 2380 19
1538	1538	without appraisal. The seizing agency shall first cause notice of the sale to
1539	1539	be made by publication at least once in an official county newspaper as
1540	1540	defined by K.S.A. 64-101, and amendments thereto. Such notice shall
1541	1541	include the time, place, and conditions of the sale and description of the
1542	1542	property to be sold. Nothing in this subsection shall prevent a state agency
1543	1543	from using the state surplus property system and such system's procedures
1544	1544	shall be sufficient to meet the requirements of this subsection.
1545	1545	(B) Real property may be sold pursuant to subsection (a)(3)(A), or
1546	1546	the seizing agency may contract with a real estate company, licensed in
1547	1547	this state, to list, advertise and sell such real property in a commercially
1548	1548	reasonable manner.
1549	1549	(C) No employee or public official of any agency involved in the
1550	1550	investigation, seizure or forfeiture of seized property may purchase or
1551	1551	attempt to purchase such property; or
1552	1552	(4)(5) salvage the property, subject to any lien preserved by the court.
1553	1553	(b) When firearms are forfeited under this act, the firearms in the
1554	1554	discretion of the seizing agency, shall be destroyed, used within the seizing
1555	1555	agency for official purposes, traded to another law enforcement agency for
1556	1556	use within such agency or given to the Kansas bureau of investigation for
1557	1557	law enforcement, testing, comparison or destruction by the Kansas bureau
1558	1558	of investigation forensic laboratory.
1559	1559	(c) Any cash or negotiable instruments forfeited under this act and
1560	1560	the proceeds of any sale shall be distributed in the following order of
1561	1561	priority:
1562	1562	(1) For satisfaction of any court preserved security interest or lien, or
1563	1563	in the case of a violation, as defined by K.S.A. 60-4104(i), and
1564	1564	amendments thereto, the proceeds shall be remitted to the state treasurer in
1565	1565	accordance with the provisions of K.S.A. 75-4215, and amendments
1566	1566	thereto. Upon receipt of such remittance, the state treasurer shall deposit
1567	1567	the entire amount into the state treasury to the credit of the medicaid fraud
1568	1568	reimbursement fund;
1569	1569	(2) thereafter, for payment of all proper expenses of the proceedings
1570	1570	for forfeiture and disposition, including expenses of seizure, inventory,
1571	1571	appraisal, maintenance of custody, preservation of availability, advertising,
1572	1572	service of process, sale and court costs;
1573	1573	(3) reasonable attorney fees:
1574	1574	(A) If the plaintiff's attorney is a county or district attorney, an
1575	1575	assistant, or another governmental agency's attorney, fees shall not exceed
1576	1576	15% of the total proceeds, less the amounts of subsection (c)(1) and (2), in
1577	1577	an uncontested forfeiture nor 20% of the total proceeds, less the amounts
1578	1578	of subsection (c)(1) and (2), in a contested forfeiture. Such fees shall be
1579	1579	deposited in the county or city treasury and credited to the special
1580	1580	prosecutor's trust fund. Moneys in such fund shall not be considered a
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1624	1624	source of revenue to meet normal operating expenditures, including salary
1625	1625	enhancement. Such fund shall be expended by the county or district
1626	1626	attorney, or other governmental agency's attorney through the normal
1627	1627	county or city appropriation system and shall be used for such additional
1628	1628	law enforcement and prosecutorial purposes as the county or district
1629	1629	attorney or other governmental agency's attorney deems appropriate,
1630	1630	including educational purposes. All moneys derived from past or pending
1631	1631	forfeitures shall be expended pursuant to this act. The board of county
1632	1632	commissioners shall provide adequate funding to the county or district
1633	1633	attorney's office to enable such office to enforce this act. Neither future
1634	1634	forfeitures nor the proceeds therefrom shall be used in planning or
1635	1635	adopting a county or district attorney's budget;
1636	1636	(B) if the plaintiff's attorney is the attorney general and the conduct
1637	1637	and offense giving rise to forfeiture is pursuant to K.S.A. 60-4104(i), and
1638	1638	amendments thereto, fees shall not exceed 15% of the total proceeds, less
1639	1639	the amounts of subsection (c)(1) and (2) in an uncontested forfeiture nor
1640	1640	20% of the total proceeds, less the amounts of subsection (c)(1) and (2) in
1641	1641	a contested forfeiture. Such fees shall be remitted to the state treasurer in
1642	1642	accordance with the provisions of K.S.A. 75-4215, and amendments
1643	1643	thereto. Upon receipt of each such remittance, the state treasurer shall
1644	1644	deposit the entire amount in the state treasury to the credit of the medicaid
1645	1645	fraud prosecution revolving fund. Moneys paid into the medicaid fraud
1646	1646	prosecution revolving fund pursuant to this subsection shall be
1647	1647	appropriated to the attorney general for use by the attorney general in the
1648	1648	investigation and prosecution of medicaid fraud and abuse; or
1649	1649	(C) if the plaintiff's attorney is a private attorney, such reasonable fees
1650	1650	shall be negotiated by the employing law enforcement agency;
1651	1651	(4) repayment of law enforcement funds expended in purchasing of
1652	1652	contraband or controlled substances, subject to any interagency agreement.
1653	1653	(d) Any proceeds remaining shall be credited as follows, subject to
1654	1654	any interagency agreement:
1655	1655	(1) If the law enforcement agency is a state agency, the entire amount
1656	1656	shall be deposited in the state treasury and credited to such agency's state
1657	1657	forfeiture fund. There is hereby established in the state treasury the
1658	1658	following state funds: Kansas bureau of investigation state forfeiture fund,
1659	1659	Kansas attorney general's state medicaid fraud forfeiture fund, Kansas
1660	1660	highway patrol state forfeiture fund, Kansas department of corrections
1661	1661	state forfeiture fund and Kansas national guard counter drug state
1662	1662	forfeiture fund. Expenditures from the Kansas bureau of investigation state
1663	1663	forfeiture fund shall be made upon warrants of the director of accounts and
1664	1664	reports issued pursuant to vouchers approved by the attorney general or by
1665	1665	a person or persons designated by the attorney general. Expenditures from
1666	1666	the Kansas attorney general's state medicaid fraud forfeiture fund shall be
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1710	1710	made upon warrants of the director of accounts and reports issued pursuant
1711	1711	to vouchers approved by the attorney general or by a person or persons
1712	1712	designated by the attorney general. Expenditures from the Kansas highway
1713	1713	patrol state forfeiture fund shall be made upon warrants of the director of
1714	1714	accounts and reports issued pursuant to vouchers approved by the
1715	1715	superintendent of the highway patrol or by a person or persons designated
1716	1716	by the superintendent. Expenditures from the Kansas department of
1717	1717	corrections state forfeiture fund shall be made upon warrants of the
1718	1718	director of accounts and reports issued pursuant to vouchers approved by
1719	1719	the secretary of the department of corrections or by a person or persons
1720	1720	designated by the secretary. Expenditures from the Kansas national guard
1721	1721	counter drug state forfeiture fund shall be made upon warrants of the
1722	1722	director of accounts and reports issued pursuant to vouchers approved by
1723	1723	the adjutant general of Kansas or by a person or persons designated by the
1724	1724	adjutant general.
1725	1725	(2) If the law enforcement agency is a city or county agency, the
1726	1726	entire amount shall be deposited in such city or county treasury and
1727	1727	credited to a special law enforcement trust fund.
1728	1728	(e) (1) Moneys in the Kansas bureau of investigation state forfeiture
1729	1729	fund, Kansas highway patrol state forfeiture fund, Kansas department of
1730	1730	corrections state forfeiture fund, the special law enforcement trust funds
1731	1731	and the Kansas national guard counter drug state forfeiture fund shall not
1732	1732	be considered a source of revenue to meet normal operating expenses.
1733	1733	Such funds shall be expended by the agencies or departments through the
1734	1734	normal city, county or state appropriation system and shall be used for
1735	1735	such special, additional law enforcement purposes specified in subsection
1736	1736	(e)(2) as the law enforcement agency head deems appropriate. Neither
1737	1737	future forfeitures nor the proceeds from such forfeitures shall be used in
1738	1738	planning or adopting a law enforcement agency's budget.
1739	1739	(2) Moneys in the funds described in subsection (e)(1) shall be used
1740	1740	only for the following special, additional law enforcement purposes:
1741	1741	(A) The support of investigations and operations that further the law
1742	1742	enforcement agency's goals or missions;
1743	1743	(B) the training of investigators, prosecutors and sworn and non-
1744	1744	sworn law enforcement personnel in any area that is necessary to perform
1745	1745	official law enforcement duties;
1746	1746	(C) the costs associated with the purchase, lease, construction,
1747	1747	expansion, improvement or operation of law enforcement or detention
1748	1748	facilities used or managed by the recipient agency;
1749	1749	(D) the costs associated with the purchase, lease, maintenance or
1750	1750	operation of law enforcement equipment for use by law enforcement
1751	1751	personnel that supports law enforcement activities;
1752	1752	(E) the costs associated with the purchase of multi-use equipment and
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1796	1796	operations used by both law enforcement and non-law enforcement
1797	1797	personnel;
1798	1798	(F) the costs associated with a contract for a specific service that
1799	1799	supports or enhances law enforcement;
1800	1800	(G) the costs associated with travel and transportation to perform or
1801	1801	in support of law enforcement duties and activities;
1802	1802	(H) the costs associated with the purchase of plaques and certificates
1803	1803	for law enforcement personnel in recognition of a law enforcement
1804	1804	achievement, activity or training;
1805	1805	(I) the costs associated with conducting awareness programs by law
1806	1806	enforcement agencies;
1807	1807	(J) the costs associated with paying a state or local law enforcement
1808	1808	agency's matching contribution or share in a state or federal grant program
1809	1809	for items other than salaries;
1810	1810	(K) cash transfers from one state or local law enforcement agency to
1811	1811	another in support of the law enforcement agency's goals or missions; and
1812	1812	(L) transfers from a state or local law enforcement agency to a state,
1813	1813	county or local governmental agency or community non-profit
1814	1814	organization in support of the law enforcement agency's goals or missions.
1815	1815	(3) Moneys in the funds described in subsection (e)(1) shall be
1816	1816	separated and accounted for in a manner that allows accurate tracking and
1817	1817	reporting of deposits and expenditures of the following categories of
1818	1818	money:
1819	1819	(A) Proceeds from forfeiture credited to the fund pursuant to this
1820	1820	section;
1821	1821	(B) proceeds from pending forfeiture actions under this act; and
1822	1822	(C) proceeds from forfeiture actions under federal law.
1823	1823	(f) Moneys in the Kansas attorney general's medicaid fraud forfeiture
1824	1824	fund shall defray costs of the attorney general in connection with the
1825	1825	duties of investigating and prosecuting medicaid fraud and abuse.
1826	1826	(g) (1) If the law enforcement agency is a state agency, such agency
1827	1827	shall compile and submit a forfeiture fund report to the legislature on or
1828	1828	before February 1 of each year. Such report shall include, but not be
1829	1829	limited to: (A) The fund balance on December 1; and (B) the deposits and
1830	1830	expenditures for the previous 12-month period ending December 1.
1831	1831	(2) If the law enforcement agency is a city or county agency, such
1832	1832	agency shall compile and submit annually a special law enforcement trust
1833	1833	fund report to the entity that has budgetary authority over such agency and
1834	1834	such report shall specify, for such period, the type and approximate value
1835	1835	of the forfeited property received, the amount of any forfeiture proceeds
1836	1836	received and how any of those proceeds were expended.
1837	1837	(3) The provisions of this subsection shall expire on July 1, 2019
1838	1838	remitted to the state treasurer in accordance with the provisions of K.S.A.
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1882	1882	75-4215, and amendments thereto. Upon receipt of each such remittance,
1883	1883	the state treasurer shall deposit the entire amount in the state treasury to
1884	1884	the credit of the state general fund.
1885	1885	Sec. 10. K.S.A. 2022 Supp. 60-4127 is hereby amended to read as
1886	1886	follows: 60-4127. (a) On or before July 1, 2019, The Kansas bureau of
1887	1887	investigation shall establish the Kansas asset seizure and forfeiture
1888	1888	repository. The repository shall gather information concerning each seizure
1889	1889	for forfeiture made by a seizing agency pursuant to the Kansas standard
1890	1890	asset seizure and forfeiture act including, but not limited to, the following:
1891	1891	(1) The name of the seizing agency or the name of the lead agency if
1892	1892	part of a multi-jurisdictional task force;
1893	1893	(2) the county where the seizure occurred;
1894	1894	(3) the date and time the seizure occurred;
1895	1895	(4) any applicable agency or district court case numbers for the
1896	1896	seizure;
1897	1897	(5) a description of the initiating law enforcement activity leading to
1898	1898	the seizure;
1899	1899	(6) a description of the specific location where the seizure occurred;
1900	1900	(7) the conduct or offense giving rise to the forfeiture;
1901	1901	(8) a description of the type of property seized and the estimated
1902	1902	value;
1903	1903	(9) a description of the type of contraband seized and the estimated
1904	1904	value;
1905	1905	(10) whether the date criminal charges were filed for an offense
1906	1906	related to the forfeiture and, if so, the court and case number information
1907	1907	for the criminal charges and the date of conviction;
1908	1908	(11) a description of the final disposition of the forfeiture action,
1909	1909	including a description of the disposition of any claim or exemption
1910	1910	asserted under this act;
1911	1911	(12) whether the forfeiture was transferred to the federal government
1912	1912	for disposition;
1913	1913	(13) the total cost of the forfeiture action, including attorney fees; and
1914	1914	(14) the total amount of proceeds from the forfeiture action,
1915	1915	specifying the amount received by the seizing agency and the amount
1916	1916	received by any other agency or person remitted to the treasurer for
1917	1917	deposit into the state general fund.
1918	1918	(b) On and after July 1, 2019, The Kansas bureau of investigation
1919	1919	shall maintain the repository and an associated public website. On or
1920	1920	before July 1, 2019, The Kansas bureau of investigation shall promulgate
1921	1921	rules and regulations to implement this section.
1922	1922	(c) On and after July 1, 2019, Each seizing agency shall report
1923	1923	information concerning each seizure for forfeiture to the Kansas asset
1924	1924	seizure and forfeiture repository as required by this section and the rules
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1968	1968	and regulations promulgated pursuant to this section. The prosecuting
1969	1969	attorney shall submit information concerning each forfeiture action to the
1970	1970	seizing agency within 30 days after the final disposition of the forfeiture.
1971	1971	The seizing agency shall submit the required information to the repository
1972	1972	within 60 days after the final disposition of the forfeiture.
1973	1973	(d) On or before February 1, 2020, and annually on or before
1974	1974	February 1 thereafter, each law enforcement agency shall compile and
1975	1975	submit a forfeiture fund report to the Kansas asset seizure and forfeiture
1976	1976	repository as required by this section and the rules and regulations
1977	1977	promulgated pursuant to this section.
1978	1978	(1) If the law enforcement agency is a state agency, the report shall
1979	1979	include, but not be limited to:
1980	1980	(A) The agency's state forfeiture fund balance on January 1 and
1981	1981	December 31 of the preceding calendar year; and
1982	1982	(B) the total amount of the deposits and a listing, by category, of
1983	1983	expenditures from January 1 through December 31 of the preceding
1984	1984	calendar year.
1985	1985	(2) If the law enforcement agency is a city or county agency, the
1986	1986	report shall include, but not be limited to:
1987	1987	(A) The agency's special law enforcement trust fund balance on
1988	1988	January 1 and December 31 of the preceding calendar year; and
1989	1989	(B) the total amount of the deposits and a listing, by category, of
1990	1990	expenditures from January 1 through December 31 of the preceding
1991	1991	calendar year.
1992	1992	(3) The report shall separate and account for:
1993	1993	(A) Deposits and expenditures from proceeds from forfeiture credited
1994	1994	to the fund pursuant to K.S.A. 60-4117, and amendments thereto;
1995	1995	(B) deposits and expenditures from proceeds from forfeiture actions
1996	1996	under federal law; and
1997	1997	(C) amounts held by the agency related to pending forfeiture actions
1998	1998	under the Kansas standard asset seizure and forfeiture act.
1999	1999	(e) On March 1, 2020, and annually on March 1 thereafter, the
2000	2000	Kansas bureau of investigation shall determine whether each agency's
2001	2001	financial report matches the agency's seizing report. If the Kansas bureau
2002	2002	of investigation determines that an agency's financial report does not
2003	2003	substantially match that agency's seizing report or the agency has not
2004	2004	submitted a financial report, the Kansas bureau of investigation shall
2005	2005	notify such agency of the difference in reports. Such agency shall correct
2006	2006	the reporting error within 30 days. If the reporting error is not corrected
2007	2007	within 30 days, the Kansas bureau of investigation shall send such law
2008	2008	enforcement agency, and the county or district attorney for the county in
2009	2009	which such law enforcement agency is located, a certified letter notifying
2010	2010	such agency that it is out of compliance. Upon receipt of such letter, no
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2054	2054	forfeiture proceedings shall be filed on property seized by such law
2055	2055	enforcement agency. When such law enforcement agency has achieved
2056	2056	compliance with the reporting requirements, the bureau shall send such
2057	2057	law enforcement agency, and the county or district attorney for the county
2058	2058	in which such law enforcement agency is located, a certified letter
2059	2059	notifying such agency that it is in compliance and forfeiture proceeding
2060	2060	filings may continue pursuant to this act. Annually, on or before April 15,
2061	2061	the Kansas bureau of investigation shall report to the legislature any law
2062	2062	enforcement agencies in the state that have failed to come into compliance
2063	2063	with the reporting requirements in subsection (d).
2064	2064	Sec. 11. K.S.A. 2022 Supp. 60-4104, 60-4105, 60-4106, 60-4107, 60-
2065	2065	4109, 60-4112, 60-4113, 60-4114, 60-4117 and 60-4127 are hereby
2066	2066	repealed.
2067	2067	Sec. 12. This act shall take effect and be in force from and after its
2068	2068	publication in the statute book.
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