KS
Kansas House Bill HB2380

Kansas 2023-2024 Regular Session

Kansas House Bill HB2380

Introduced
2/9/23  
Refer
2/9/23  
Refer
2/21/23  
Refer
3/1/23  

Caption

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.

Impact

The bill will significantly alter the current forfeiture laws by ensuring that any forfeiture proceeds must be remitted to the state general fund rather than retained by local law enforcement agencies. This is expected to reduce the potential for conflicts of interest where agencies may have been incentivized to seize property for financial gain. Furthermore, specific properties like cash under certain thresholds and properties owned by individuals not convicted of related offenses will be exempt from forfeiture, securing certain rights for property owners.

Summary

House Bill 2380 seeks to reform the civil asset forfeiture process in Kansas by mandating that a criminal conviction must occur before any property can be forfeited. This change intends to protect individuals from losing their property without due legal process, as critics of the previous system argued that it allowed law enforcement to seize property without sufficient proof of a crime. The bill places a heavier burden of proof on law enforcement to justify the forfeiture of assets, requiring them to demonstrate that property was used in connection with a criminal offense convincingly enough to satisfy a court.

Contention

Debates surrounding HB 2380 have highlighted differing perspectives on the necessity and effectiveness of civil asset forfeiture. Proponents assert that these reforms are essential for safeguarding civil liberties and preventing abuse of power by law enforcement. Meanwhile, opponents have raised concerns about potential impacts on law enforcement's ability to operate effectively against criminal elements, fearing that restrictions could hinder the seizure of assets tied to serious crimes. These discussions underscore a broader concern over the balance between law enforcement authority and individual rights in the context of asset forfeiture.

Companion Bills

No companion bills found.

Previously Filed As

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

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 SB673

Asset forfeiture; requiring forfeiture proceedings follow related criminal convictions. Effective date.

KS HB3659

Relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.

KS SB793

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

KS SB949

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

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 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 HB249

Relating to the reporting of proceeds and property forfeited under criminal asset forfeiture proceedings.

KS HB3171

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

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 HB2396

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 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 HB2352

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.

KS SB137

Authorizing the sale or transfer of forfeited firearms under the Kansas standard asset seizure and forfeiture act to a licensed firearm dealer.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

MN SF4625

Criminal forfeiture process provision