Kansas 2023-2024 Regular Session

Kansas House Bill HB2606 Compare Versions

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

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2606
3	3	By Committee on Judiciary
4	4	Requested by Representative Owens
5	5	1-25
6	6	AN ACT concerning seizure and forfeiture of property; relating to the
7	7	Kansas standard asset seizure and forfeiture act; specifying that certain
8	8	drug offenses do not give rise to forfeiture under the act; requiring
9	9	courts to make a finding that forfeiture is not excessive; restricting
10	10	actions prior to commencement of forfeiture proceedings; requiring
11	11	probable cause affidavit filing and review to commence forfeiture
12	12	proceedings; increasing the burden of proof required to forfeit property
13	13	to clear and convincing evidence; authorizing courts to order payment
14	14	of attorney fees and costs for certain claimants; amending K.S.A. 2023
15	15	Supp. 60-4104, 60-4106, 60-4107, 60-4109, 60-4111, 60-4112, 60-
16	16	4113, 60-4116 and 60-4117 and repealing the existing sections.
17	17	Be it enacted by the Legislature of the State of Kansas:
18	18	Section 1. K.S.A. 2023 Supp. 60-4104 is hereby amended to read as
19	19	follows: 60-4104. Conduct and offenses giving rise to forfeiture under this
20	20	act, whether or not there is a prosecution or conviction related to the
21	21	offense, are:
22	22	(a) All offenses which statutorily and specifically authorize forfeiture;
23	23	(b) violations involving controlled substances, as described in K.S.A.
24	24	21-5701 through 21-5717 21-5703, 21-5705, 21-5707, 21-5708(b), 21-
25	25	5709(a), (b)(1), (c) and (d), 21-5710, 21-5713(a), 21-5714 and 21-5716,
26	26	and amendments thereto;
27	27	(c) theft, as defined in K.S.A. 21-5801, and amendments thereto;
28	28	(d) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)
29	29	(1) and (a)(2), and amendments thereto;
30	30	(e) gambling, as defined in K.S.A. 21-6404, and amendments thereto,
31	31	and commercial gambling, as defined in K.S.A. 21-6406(a)(1), and
32	32	amendments thereto;
33	33	(f) counterfeiting, as defined in K.S.A. 21-5825, and amendments
34	34	thereto;
35	35	(g) unlawful possession or use of a scanning device or reencoder, as
36	36	described in K.S.A. 21-6108, and amendments thereto;
37	37	(h) medicaid fraud, as described in K.S.A. 21-5925 through 21-5934,
38	38	and amendments thereto;
39	39	(i) an act or omission occurring outside this state, which would be a
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75	75	violation in the place of occurrence and would be described in this section
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) terrorism, as defined in K.S.A. 21-5421, and amendments thereto,
85	85	illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422,
86	86	and amendments thereto, and furtherance of terrorism or illegal use of
87	87	weapons of mass destruction, as described in K.S.A. 21-5423, and
88	88	amendments thereto;
89	89	(m) unlawful conduct of dog fighting and unlawful possession of dog
90	90	fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), and
91	91	amendments thereto;
92	92	(n) unlawful conduct of cockfighting and unlawful possession of
93	93	cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), and
94	94	amendments thereto;
95	95	(o) selling sexual relations, as defined in K.S.A. 21-6419, and
96	96	amendments thereto, promoting the sale of sexual relations, as defined in
97	97	K.S.A. 21-6420, and amendments thereto, and buying sexual relations, as
98	98	defined in K.S.A. 21-6421, and amendments thereto;
99	99	(p) human trafficking and aggravated human trafficking, as defined in
100	100	K.S.A. 21-5426, and amendments thereto;
101	101	(q) violations of the banking code, as described in K.S.A. 9-2012, and
102	102	amendments thereto;
103	103	(r) mistreatment of a dependent adult, as defined in K.S.A. 21-5417,
104	104	and amendments thereto;
105	105	(s) giving a worthless check, as defined in K.S.A. 21-5821, and
106	106	amendments thereto;
107	107	(t) forgery, as defined in K.S.A. 21-5823, and amendments thereto;
108	108	(u) making false information, as defined in K.S.A. 21-5824, and
109	109	amendments thereto;
110	110	(v) criminal use of a financial card, as defined in K.S.A. 21-5828, and
111	111	amendments thereto;
112	112	(w) unlawful acts concerning computers, as described in K.S.A. 21-
113	113	5839, and amendments thereto;
114	114	(x) identity theft and identity fraud, as defined in K.S.A. 21-6107(a)
115	115	and (b), and amendments thereto;
116	116	(y) electronic solicitation, as defined in K.S.A. 21-5509, and
117	117	amendments thereto;
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161	161	(z) felony violations of fleeing or attempting to elude a police officer,
162	162	as described in K.S.A. 8-1568, and amendments thereto;
163	163	(aa) commercial sexual exploitation of a child, as defined in K.S.A.
164	164	21-6422, and amendments thereto;
165	165	(bb) violations of the Kansas racketeer influenced and corrupt
166	166	organization act, as described in K.S.A. 21-6329, and amendments thereto;
167	167	(cc) indecent solicitation of a child and aggravated indecent
168	168	solicitation of a child, as defined in K.S.A. 21-5508, and amendments
169	169	thereto;
170	170	(dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, and
171	171	amendments thereto; and
172	172	(ee) violation of a consumer protection order as defined in K.S.A. 21-
173	173	6423, and amendments thereto.
174	174	Sec. 2. K.S.A. 2023 Supp. 60-4106 is hereby amended to read as
175	175	follows: 60-4106. (a) Except as provided in this subsection, all property,
176	176	including all interests in property, described in K.S.A. 60-4105, and
177	177	amendments thereto, is subject to forfeiture subject to all mortgages, deeds
178	178	of trust, financing statements or security agreements properly of record
179	179	prior to the forfeiture held by an interest holder except that property
180	180	specifically exempted hereunder:.
181	181	(1) No real property or conveyance, or an interest therein, may be
182	182	forfeited under this act unless the offense or conduct giving rise to
183	183	forfeiture constitutes a felony.
184	184	(2) No conveyance used by any person as a common carrier in the
185	185	transaction of business as a common carrier is subject to forfeiture under
186	186	this act unless the owner or other person in charge of the conveyance is a
187	187	consenting party or privy to a violation of this act.
188	188	(3) No property is subject to forfeiture under this act if the owner or
189	189	interest holder acquired the property before or during the conduct giving
190	190	rise to the property's forfeiture, and such owner or interest holder:
191	191	(A) Did not know and could not have reasonably known of the act or
192	192	omission or that it was likely to occur; or
193	193	(B) acted reasonably to prevent the conduct giving rise to forfeiture.
194	194	(4) No property is subject to forfeiture if the owner or interest holder
195	195	acquired the property after the conduct giving rise to the property's
196	196	forfeiture, including acquisition of proceeds of conduct giving rise to
197	197	forfeiture, and such owner or interest holder:
198	198	(A) Acquired the property in good faith, for value; and
199	199	(B) was not knowingly taking part in an illegal transaction.
200	200	(5) (A) An interest in property acquired in good faith by an attorney
201	201	as reasonable payment or to secure payment for legal services in a criminal
202	202	matter relating to violations of this act or for the reimbursement of
203	203	reasonable expenses related to the legal services is exempt from forfeiture
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247	247	unless before the interest was acquired the attorney knew of a judicial
248	248	determination of probable cause that the property is subject to forfeiture.
249	249	(B) The state bears the burden of proving that an exemption claimed
250	250	under this section is not applicable. Evidence made available by the
251	251	compelled disclosure of confidential communications between an attorney
252	252	and a client other than nonprivileged information relating to attorney fees,
253	253	is not admissible to satisfy the state's burden of proof.
254	254	(b) Notwithstanding subsection (a), property is not exempt from
255	255	forfeiture, even though the owner or interest holder lacked knowledge or
256	256	reason to know that the conduct giving rise to property's forfeiture had
257	257	occurred or was likely to occur, if the:
258	258	(1) Person whose conduct gave rise to the property's forfeiture had
259	259	authority to convey the property of the person claiming the exemption to a
260	260	good faith purchaser for value at the time of the conduct;
261	261	(2) owner or interest holder is criminally responsible for the conduct
262	262	giving rise to the property's forfeiture, whether or not there is a prosecution
263	263	or conviction; or
264	264	(3) owner or interest holder acquired the property with notice of the
265	265	property's actual or constructive seizure for forfeiture under this act, or
266	266	with reason to believe that the property was subject to forfeiture under this
267	267	act.
268	268	(c) Prior to final judgment in a judicial forfeiture proceeding, a the
269	269	court shall limit the scope of a proposed forfeiture to the extent the court
270	270	finds the effect of the forfeiture is grossly disproportionate to the nature
271	271	and severity of the owner's conduct including, but not limited to, a
272	272	consideration of any of the following factors:
273	273	(1) The gain received or expected to be received by an owner from
274	274	conduct that allows forfeiture;
275	275	(2) the value of the property subject to forfeiture;
276	276	(3) the extent to which the property actually facilitated the criminal
277	277	conduct;
278	278	(4) the nature and extent of the owner's knowledge of the role of
279	279	others in the conduct that allows forfeiture of the property and efforts of
280	280	the owner to prevent the conduct; and
281	281	(5) the totality of the circumstances regarding the investigation
282	282	determine whether the proposed forfeiture is unconstitutionally excessive
283	283	pursuant to K.S.A. 60-4112(g), and amendments thereto, if the court has
284	284	not made such determination earlier in the proceeding as a result of a
285	285	petition filed pursuant to K.S.A. 60-4112(g), and amendments thereto.
286	286	Sec. 3. K.S.A. 2023 Supp. 60-4107 is hereby amended to read as
287	287	follows: 60-4107. (a) Property may be seized for forfeiture by a law
288	288	enforcement officer upon process issued by the district court. The court
289	289	may issue a seizure warrant on an affidavit under oath demonstrating that
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333	333	probable cause exists for the property's forfeiture or that the property has
334	334	been the subject of a previous final judgment of forfeiture in the courts of
335	335	any state or of the United States. The court may order that the property be
336	336	seized on such terms and conditions as are reasonable in the discretion of
337	337	the court. The order may be made on or in connection with a search
338	338	warrant. All real property is to be seized constructively or pursuant to a
339	339	pre-seizure adversarial judicial determination of probable cause, except
340	340	that this determination may be done ex parte when the attorney for the
341	341	state has demonstrated exigent circumstances to the court.
342	342	(b) Property may be seized for forfeiture by a law enforcement officer
343	343	without process on probable cause to believe the property is subject to
344	344	forfeiture under this act.
345	345	(c) Property may be seized constructively by:
346	346	(1) Posting notice of seizure for forfeiture or notice of pending
347	347	forfeiture on the property.
348	348	(2) Giving notice pursuant to K.S.A. 60-4109, and amendments
349	349	thereto.
350	350	(3) Filing or recording in the public records relating to that type of
351	351	property notice of seizure for forfeiture, notice of pending forfeiture, a
352	352	forfeiture lien or a lis pendens. Filings or recordings made pursuant to this
353	353	act are not subject to a filing fee or other charge, except that court costs
354	354	may be assessed and, if assessed, shall include the amount of the docket
355	355	fee prescribed by K.S.A. 60-2001, and amendments thereto, and any
356	356	additional court costs accrued in the action.
357	357	(d) The seizing agency shall make reasonable effort to provide notice
358	358	of the seizure to the person from whose whom possession or control of the
359	359	property was seized and any interest holder of record within 30 days of
360	360	seizing the property. If no person is in possession or control, the seizing
361	361	agency may attach the notice to the property or to the place of the
362	362	property's seizure or may make a reasonable effort to deliver the notice to
363	363	the owner of the property. The notice shall contain a general description of
364	364	the property seized, the date and place of seizure, the name of the seizing
365	365	agency and the address and telephone number of the seizing officer or
366	366	other person or agency from whom information about the seizure may be
367	367	obtained.
368	368	(e) A person who acts in good faith and in a reasonable manner to
369	369	comply with an order of the court or a request of a law enforcement officer
370	370	is not liable to any person on account of acts done in reasonable
371	371	compliance with the order or request. No liability may attach from the fact
372	372	that a person declines a law enforcement officer's request to deliver
373	373	property.
374	374	(f) A possessory lien of a person from whose whom possession of the
375	375	property is seized is not affected by the seizure.
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419	419	(g) When property is seized for forfeiture under this act, the seizing
420	420	agency shall, within 45 days of 14 days after such seizure, forward to the
421	421	county or district attorney in whose jurisdiction the seizure occurred, a
422	422	written request for forfeiture which shall include a statement of facts and
423	423	circumstances of the seizure, the estimated value of the property, the
424	424	owner and lienholder of the property, the amount of any lien, and a
425	425	summary of the facts relied on for forfeiture.
426	426	(h) (1) Upon receipt of a written request for forfeiture from a local
427	427	law enforcement agency, the county or district attorney shall accept or
428	428	decline the request within 14 days. If
429	429	(2) Upon the expiration of the 14-day time limitation provided in
430	430	paragraph (1) or upon notification that the county or district attorney
431	431	declines such request, or fails to answer whichever occurs first, the seizing
432	432	agency may has 14 days to:
433	433	(1)(A) Request a state law enforcement agency that enforces this act
434	434	to adopt the forfeiture; or
435	435	(2)(B) engage an attorney, approved by the county or district attorney,
436	436	to represent the agency in the forfeiture proceeding, but in no event shall
437	437	the county or district attorney approve an attorney with whom the county
438	438	or district attorney has a financial interest, either directly or indirectly.
439	439	(3) Upon the expiration of the 14-day time limitation provided in
440	440	paragraph (2), if a state law enforcement agency has not adopted the
441	441	forfeiture or the seizing agency has not engaged an attorney to represent
442	442	the agency, the property that was seized for forfeiture shall be returned
443	443	within 30 days to the owner or interest holder or as provided for the same
444	444	kind of property in K.S.A. 22-2512, and amendments thereto.
445	445	(i) (1) Upon receipt of a written request for forfeiture from a state law
446	446	enforcement agency, the county or district attorney shall accept or decline
447	447	the request within 14 days. If
448	448	(2) Upon the expiration of the 14-day time limitation provided in
449	449	paragraph (1) or upon notification that the county or district attorney
450	450	declines such request, or fails to answer whichever occurs first, the seizing
451	451	agency may has 14 days to engage an assistant attorney general or other
452	452	attorney approved by the attorney general to represent the agency in the
453	453	forfeiture proceeding, but in no event shall the attorney general approve an
454	454	attorney with whom the attorney general has a financial interest, either
455	455	directly or indirectly.
456	456	(3) Upon the expiration of the 14-day time limitation provided in
457	457	paragraph (2), if the seizing agency has not engaged an attorney to
458	458	represent the agency, the property that was seized for forfeiture shall be
459	459	returned within 30 days to the owner or interest holder or as provided for
460	460	the same kind of property in K.S.A. 22-2512, and amendments thereto.
461	461	(j) Nothing in subsection (h) or (i) shall affect the time limitations for
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505	505	initiating or filing a forfeiture proceeding pursuant to K.S.A. 60-4109, and
506	506	amendments thereto,
507	507	(k) A county or district attorney or the attorney general shall not
508	508	request or receive any referral fee or personal financial benefit, either
509	509	directly or indirectly, in any proceeding conducted under this act.
510	510	(k)(l) Nothing in this act shall prevent the attorney general, an
511	511	employee of the attorney general or an authorized representative of the
512	512	attorney general from conducting forfeiture proceedings under this act.
513	513	(l)(m) Nothing in this act shall prevent a seizing agency from
514	514	requesting federal adoption of a seizure. It shall not be necessary to obtain
515	515	any order pursuant to K.S.A. 22-2512, and amendments thereto, to release
516	516	any seized property to a federal agency if the county or district attorney
517	517	approves of such transfer.
518	518	(m)(n) Nothing in this act shall prevent a seizing agency, or the
519	519	plaintiff's attorney on behalf of the seizing agency, from settling any
520	520	alleged forfeiture claim against property before or during forfeiture
521	521	proceedings. Such settlement shall be in writing and shall be approved, if a
522	522	local agency, by the county or district attorney or, if a state agency, by the
523	523	attorney general's office and a district court judge. No hearing or other
524	524	proceeding shall be necessary. The records of settlements occurring prior
525	525	to commencement of judicial forfeiture proceedings in the district court
526	526	shall be retained by the county or district attorney for not less than five
527	527	years.
528	528	(n)(o) Settlements under this act shall not be conditioned upon any
529	529	disposition of criminal charges.
530	530	(p) When property is seized for forfeiture under this act, the seizing
531	531	agency shall not request, induce or otherwise coerce a person who has at
532	532	any time asserted rights as an owner or interest holder of such property to
533	533	waive in writing such rights in the property until forfeiture proceedings
534	534	are commenced pursuant to K.S.A. 60-4109, and amendments thereto.
535	535	Sec. 4. K.S.A. 2023 Supp. 60-4109 is hereby amended to read as
536	536	follows: 60-4109. (a) (1)(A) Forfeiture proceedings shall be commenced
537	537	by filing:
538	538	(i) A notice of pending forfeiture or a judicial forfeiture action:; and
539	539	(ii) an affidavit describing the probable cause supporting forfeiture.
540	540	(B) After an affidavit is filed under this section, further proceedings
541	541	shall occur only after a judge of the district court has determined from the
542	542	affidavit that there is probable cause to believe that the property is subject
543	543	to forfeiture pursuant to K.S.A. 60-4105, and amendments thereto.
544	544	(1)(2) If the plaintiff's attorney fails to initiate forfeiture proceedings
545	545	by notice of pending forfeiture within 90 days against property seized for
546	546	forfeiture or if the seizing agency fails to pursue forfeiture of the property
547	547	upon which a proper claim has been timely filed by filing a judicial
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591	591	forfeiture proceeding within 90 days after notice of pending forfeiture, the
592	592	property shall be released on the request of an owner or interest holder to
593	593	such owner's or interest holder's custody, as custodian for the court,
594	594	pending further proceedings pursuant to this act. Such custodianship shall
595	595	not exceed 90 days following the release to the owner or interest holder
596	596	unless an extension is authorized by the court for good cause shown.
597	597	(2)(3) If, after notice of pending forfeiture, a claimant files a petition
598	598	for recognition of exemption pursuant to K.S.A. 60-4110, and amendments
599	599	thereto, the plaintiff's attorney may delay filing the judicial forfeiture
600	600	proceeding for a total of 180 days after the notice of pending forfeiture
601	601	except that if an interest holder timely files a proper petition documenting
602	602	the complete nature and extent of such holder's interest, including all of the
603	603	contractual terms and current status, the plaintiff's attorney may delay
604	604	filing a judicial forfeiture proceeding only if such attorney provides each
605	605	such petitioner with a written recognition of exemption within 60 days
606	606	after the effective date of the notice of pending forfeiture, recognizing the
607	607	interest of such petitioner to the extent of documented outstanding
608	608	principal plus interest at the contract rate until paid and any attorney fees
609	609	ordered by a court pursuant to such contract.
610	610	(3)(4) Whenever notice of pending forfeiture or service of an in rem
611	611	complaint or notice of a recognition of exemption and statement of
612	612	nonexempt interests is required under this act, notice or service shall be
613	613	given in accordance with one of the following:
614	614	(A) If the owner's or interest holder's name and current address are
615	615	known, by either personal service by any person qualified to serve process
616	616	or by any law enforcement officer or by mailing a copy of the notice by
617	617	certified mail, return receipt requested, to the known address, pursuant to
618	618	the code of civil procedure;
619	619	(B) if the owner's or interest holder's name and address are required
620	620	by law to be on record with a municipal, county, state or federal agency to
621	621	perfect an interest in the property, and the owner's or interest holder's
622	622	current address is not known, by mailing a copy of the notice by certified
623	623	mail, return receipt requested, to any address of record with any of the
624	624	described agencies, pursuant to the code of civil procedure; or
625	625	(C) if the owner's or interest holder's address is not known and is not
626	626	on record as provided in subparagraph (B), or the owner's or interest
627	627	holder's interest is not known, or if service by certified mail was attempted
628	628	pursuant to subparagraph (A) or (B) and was not effective, by publication
629	629	in one issue of the official county newspaper, as defined by K.S.A. 64-101,
630	630	and amendments thereto, in the county in which the seizure occurred.
631	631	(4)(5) Notice is effective pursuant to the code of civil procedure,
632	632	except that notice of pending forfeiture of real property is not effective
633	633	until it is recorded. Notice of pending forfeiture shall include a description
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677	677	of the property, the date and place of seizure, the conduct giving rise to
678	678	forfeiture or the violation of law alleged and a summary of procedures and
679	679	procedural rights applicable to the forfeiture action. An When notice of
680	680	pending forfeiture is mailed to an owner or interest holder, the following
681	681	shall be included with the notice: (A) The affidavit describing the essential
682	682	facts probable cause supporting forfeiture shall be included with the
683	683	notice.; and (B) copies of judicial council forms for petitioning for
684	684	recognition of an exemption pursuant to K.S.A. 60-4110, and amendments
685	685	thereto, and for making a claim pursuant to K.S.A. 60-4111, and
686	686	amendments thereto, shall be provided with the notice.
687	687	(b) The plaintiff's attorney, without a filing fee, may file a lien for the
688	688	forfeiture of property upon the initiation of any civil or criminal
689	689	proceeding relating to conduct giving rise to forfeiture under this act or
690	690	upon seizure for forfeiture commencement of a forfeiture proceeding as
691	691	provided in subsection (a). The court shall not charge the plaintiff's
692	692	attorney a filing fee. Court costs may be assessed and, if assessed, shall
693	693	include the amount of the docket fee prescribed by K.S.A. 60-2001, and
694	694	amendments thereto, and any additional court costs accrued in the action.
695	695	A plaintiff's attorney may also file a forfeiture lien in this state in
696	696	connection with a proceeding or seizure for forfeiture in any other state
697	697	under a state or federal statute substantially similar to the relevant
698	698	provisions of this act. The filing constitutes notice to any person claiming
699	699	an interest in the seized property or in property owned by the named
700	700	person.
701	701	(1) The lien notice shall set forth the following:
702	702	(A) The name of the person and, in the discretion of the lienor, any
703	703	alias, or the name of any corporation, partnership, trust or other entity,
704	704	including nominees, that are owned entirely or in part or controlled by the
705	705	person; and
706	706	(B) the description of the seized property, the criminal or civil
707	707	proceeding that has been brought relating to conduct giving rise to
708	708	forfeiture under this act, the amount claimed by the lienor, the name of the
709	709	district court where the proceeding or action has been brought, and the
710	710	case number of the proceeding or action if known at the time of filing.
711	711	(2) A lien filed pursuant to this subsection applies to the described
712	712	seized property or to one named person, any aliases, fictitious names, or
713	713	other names, including the names of any corporation, partnership, trust, or
714	714	other entity, owned entirely or in part, or controlled by the named person,
715	715	and any interest in real property owned or controlled by the named person.
716	716	A separate forfeiture lien shall be filed for each named person.
717	717	(3) The notice of lien creates, upon filing, a lien in favor of the lienor
718	718	as it relates to the seized property or the named person or related entities.
719	719	The lien secures the amount of potential liability for civil judgment, and if
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763	763	applicable, the fair market value of seized property relating to all
764	764	proceedings under this act enforcing the lien. The notice of forfeiture lien
765	765	referred to in this subsection shall be filed in accordance with the
766	766	provisions of the laws of this state relating to the type of property that is
767	767	subject to the lien. The validity and priority of the forfeiture lien shall be
768	768	determined in accordance with applicable law pertaining to liens. The
769	769	lienor may amend or release, in whole or in part, a lien filed under this
770	770	subsection at any time by filing, without a filing fee, an amended lien in
771	771	accordance with this subsection which identifies the lien amended. The
772	772	lienor, as soon as practical after filing the lien, shall furnish to any person
773	773	named in the lien a notice of the filing of the lien. Failure to furnish notice
774	774	under this subsection shall not invalidate or otherwise affect the lien.
775	775	(4) Upon entry of judgment in the seizing agency's favor, the seizing
776	776	agency may proceed to execute on the lien as provided by law.
777	777	(5) A trustee, constructive or otherwise, who has notice that a notice
778	778	of forfeiture lien, or a notice of pending forfeiture, or a civil forfeiture
779	779	proceeding has been filed against the property or against any person or
780	780	entity for whom the person holds title or appears as record owner, shall
781	781	furnish within 14 days, to the seizing agency or the plaintiff's attorney all
782	782	of the following information, unless all of the information is of record in
783	783	the public records giving notice of liens on that type of property:
784	784	(A) The name and address of each person or entity for whom the
785	785	property is held;
786	786	(B) the description of all other property whose legal title is held for
787	787	the benefit of the named person; and
788	788	(C) a copy of the applicable trust agreement or other instrument, if
789	789	any, under which the trustee or other person holds legal title or appears as
790	790	record owner of the property.
791	791	(6) A trustee with notice who knowingly fails to comply with the
792	792	provisions of this subsection shall be guilty of a class B nonperson
793	793	misdemeanor.
794	794	(7) A trustee with notice who fails to comply with paragraph (5) is
795	795	subject to a civil penalty of $100 for each day of noncompliance. The court
796	796	shall enter judgment ordering payment of $100 for each day of
797	797	noncompliance from the effective date of the notice until the required
798	798	information is furnished or the seizing agency executes the seizing
799	799	agency's judgment lien under this section.
800	800	(8) To the extent permitted by the constitutions of the United States
801	801	and the state of Kansas, the duty to comply with paragraph (5) shall not be
802	802	excused by any privilege or provision of law of this state or any other state
803	803	or country which authorizes or directs that testimony or records required to
804	804	be furnished pursuant to paragraph (5) are privileged, confidential and
805	805	otherwise may not be disclosed.
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849	849	(9) A trustee who furnishes information pursuant to paragraph (5) is
850	850	immune from civil liability for the release of the information.
851	851	(10) An employee of the seizing agency or the plaintiff's attorney
852	852	who releases the information obtained pursuant to paragraph (5), except in
853	853	the proper discharge of official duties, is guilty of a class B nonperson
854	854	misdemeanor.
855	855	(11) If any information furnished pursuant to paragraph (5) is offered
856	856	in evidence, the court may seal that portion of the record or may order that
857	857	the information be disclosed in a designated way.
858	858	(12) A judgment or an order of payment entered pursuant to this
859	859	section becomes a judgment lien against the property alleged to be subject
860	860	to forfeiture.
861	861	Sec. 5. K.S.A. 2023 Supp. 60-4111 is hereby amended to read as
862	862	follows: 60-4111. (a) (1) Only an owner of or interest holder in property
863	863	seized for forfeiture may file a claim, and shall do so in the manner
864	864	provided in this section. The claim shall be mailed to the seizing agency
865	865	and to the plaintiff's attorney by certified mail, return receipt requested,
866	866	within 60 days after the effective date of notice of pending forfeiture.
867	867	(2) The plaintiff's attorney shall file a notice of receipt with the court
868	868	when a claim is received unless the claim was already filed with the court.
869	869	Such filing shall include a copy of the claim and documents showing the
870	870	date that the claim was mailed and received.
871	871	(b) The claim shall be signed by the claimant under penalty of
872	872	perjury, K.S.A. 21-5903, and amendments thereto, and shall set forth the
873	873	following:
874	874	(1) The caption of the proceedings and identifying number, if any, as
875	875	set forth on the notice of pending forfeiture or complaint, the name of the
876	876	claimant, and the name of the plaintiff's attorney who authorized the notice
877	877	of pending forfeiture or complaint;
878	878	(2) the address where the claimant will accept mail;
879	879	(3) the nature and extent of the claimant's interest in the property; and
880	880	(4) a detailed description of when and how the claimant obtained an
881	881	interest in the property.
882	882	(c) Substantial compliance with subsection (b) shall be deemed
883	883	sufficient.
884	884	(d) It is permissible to assert the right against self-incrimination in a
885	885	claim. If a claimant asserts the right, the court, in the court's discretion,
886	886	may draw an adverse inference from the assertion against the claimant.
887	887	The adverse inference shall not, by itself, be the basis of a judgment
888	888	against the claimant.
889	889	Sec. 6. K.S.A. 2023 Supp. 60-4112 is hereby amended to read as
890	890	follows: 60-4112. (a) A judicial forfeiture proceeding under this act is
891	891	subject to the provisions of this section.
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935	935	(b) The court, on application of the plaintiff's attorney, may enter any
936	936	restraining order or injunction, require the execution of satisfactory
937	937	performance bonds, create receiverships, appoint conservators, custodians,
938	938	appraisers, accountants or trustees, or take any other action to seize,
939	939	secure, maintain or preserve the availability of property subject to
940	940	forfeiture under this act, including a writ of attachment or a warrant for
941	941	such property's seizure, whether before or after the filing of a notice of
942	942	pending forfeiture or complaint.
943	943	(c) If property is seized for forfeiture or a forfeiture lien is filed
944	944	without a previous judicial determination of probable cause or order of
945	945	forfeiture or a hearing under K.S.A. 60-4114(c), and amendments thereto,
946	946	the court, on an application filed by an owner of or interest holder in the
947	947	property within 14 days after notice of the property's seizure for forfeiture
948	948	or lien, or actual knowledge of it, whichever is earlier, and after complying
949	949	with the requirements for claims in K.S.A. 60-4109, and amendments
950	950	thereto, after seven days' notice to the plaintiff's attorney, may issue an
951	951	order to show cause to the seizing agency, for a hearing on the sole issue
952	952	of whether probable cause for forfeiture of the property then exists. The
953	953	hearing shall be held within 30 days of the order to show cause unless
954	954	continued for good cause on motion of either party. If the court finds that
955	955	there is no probable cause for forfeiture of the property, or if the seizing
956	956	agency elects not to contest the issue, the property shall be released to the
957	957	custody of the applicant, as custodian for the court, or from the lien
958	958	pending the outcome of a judicial proceeding pursuant to this act. If the
959	959	court finds that probable cause for the forfeiture of the property exists, the
960	960	court shall not order the property released At any time prior to final
961	961	judgment, an owner or interest holder may petition the court for
962	962	determination or reconsideration of its prior determination that there is
963	963	probable cause to believe that the property is subject to forfeiture.
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
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1021	1021	(3) the interest in property to be released is not subject to any claim
1022	1022	other than the forfeiture.
1023	1023	(f)(e) 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) to the custody of the applicant, as custodian for the court,
1026	1026	or from a forfeiture lien pending the outcome of a judicial proceeding
1027	1027	pursuant to this act. If the seizing agency does not contest the hearing, the
1028	1028	court may release a reasonable amount of property for the payment of the
1029	1029	applicant's criminal defense costs. Property that has been released by the
1030	1030	court and that has been paid for criminal defense services actually
1031	1031	rendered is exempt under this act.
1032	1032	(g)(f) A defendant convicted in any criminal proceeding is precluded
1033	1033	from later denying the elements of the criminal offense of which the
1034	1034	defendant was convicted in any proceeding pursuant to this section. For
1035	1035	the purposes of this section, a conviction results from a verdict or plea of
1036	1036	guilty, including a plea of no contest or nolo contendere.
1037	1037	(g) (1) At any time following seizure pursuant to this act, the person
1038	1038	from whom possession or control of the property was seized may petition
1039	1039	the court to determine whether such forfeiture is unconstitutionally
1040	1040	excessive.
1041	1041	(2) The plaintiff's attorney has the burden of establishing that the
1042	1042	forfeiture is proportional to the seriousness of the offense giving rise to the
1043	1043	forfeiture by clear and convincing evidence.
1044	1044	(3) In determining whether the forfeiture is unconstitutionally
1045	1045	excessive, the court may consider all relevant factors, including, but not
1046	1046	limited to:
1047	1047	(A) The seriousness of the offense;
1048	1048	(B) the extent of participation in the offense by the person from whom
1049	1049	possession or control of the property was seized;
1050	1050	(C) the extent to which the property was used in committing the
1051	1051	offense;
1052	1052	(D) the sentence imposed for committing the offense that gave rise to
1053	1053	forfeiture;
1054	1054	(E) the effect of the forfeiture on the livelihood of the person from
1055	1055	whom possession or control of the property was seized; and
1056	1056	(F) the fair market value of the property compared to the property
1057	1057	owner's net worth.
1058	1058	(h) In any proceeding under this act, if a claim is based on any
1059	1059	exemption provided for in this act, the burden of proving the existence of
1060	1060	the exemption is on the claimant, and is not necessary for the seizing
1061	1061	agency or plaintiff's attorney to negate the exemption in any application or
1062	1062	complaint.
1063	1063	(i) In hearings and determinations pursuant to this section, the court
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1107	1107	may receive and consider, in making any determination of probable cause
1108	1108	or reasonable cause, all evidence admissible in determining probable cause
1109	1109	at a preliminary hearing or in the issuance of a search warrant, together
1110	1110	with inferences therefrom from such admissible evidence.
1111	1111	(j) The totality of the circumstances shall determine if the property of
1112	1112	a person is subject to forfeiture under this act. Factors that may be
1113	1113	considered include, but are not limited to, the following:
1114	1114	(1) The person has engaged in conduct giving rise to forfeiture;
1115	1115	(2) the property was acquired by the person during that period of the
1116	1116	conduct giving rise to forfeiture or within a reasonable time after the
1117	1117	period;
1118	1118	(3) there was no likely source for the property other than the conduct
1119	1119	giving rise to forfeiture; and
1120	1120	(4) the proximity to contraband or an instrumentality giving rise to
1121	1121	forfeiture.
1122	1122	(k) A finding that property is the proceeds of conduct giving rise to
1123	1123	forfeiture does not require proof the property is the proceeds of any
1124	1124	particular exchange or transaction.
1125	1125	(l) A person who acquires any property subject to forfeiture is a
1126	1126	constructive trustee of the property, and such property's fruits, for the
1127	1127	benefit of the seizing agency, to the extent that such agency's interest is not
1128	1128	exempt from forfeiture. If property subject to forfeiture has been
1129	1129	commingled with other property, the court shall order the forfeiture of the
1130	1130	mingled property and of any fruits of the mingled property, to the extent of
1131	1131	the property subject to forfeiture, unless an owner or interest holder proves
1132	1132	that specified property does not contain property subject to forfeiture, or
1133	1133	that such owner's or interest holder's interest in specified property is
1134	1134	exempt from forfeiture.
1135	1135	(m) All property declared forfeited under this act vests in the law
1136	1136	enforcement agency seeking forfeiture on the date of commission of the
1137	1137	conduct giving rise to forfeiture together with the proceeds of the property
1138	1138	after that time. Any such property or proceeds subsequently transferred to
1139	1139	any person remain subject to forfeiture and thereafter shall be ordered
1140	1140	forfeited unless the transferee acquired the property in good faith, for
1141	1141	value, and was not knowingly taking part in an illegal transaction, and the
1142	1142	transferee's interest is exempt under K.S.A. 60-4106, and amendments
1143	1143	thereto.
1144	1144	(n) An acquittal or dismissal in a criminal proceeding shall not
1145	1145	preclude civil proceedings under this act, nor give rise to any presumption
1146	1146	adverse or contrary to any fact alleged by the seizing agency.
1147	1147	(o) On motion, The court shall automatically stay discovery against
1148	1148	the criminal defendant and against the seizing agency in civil proceedings
1149	1149	during a related criminal proceeding alleging the same conduct, after
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1193	1193	making provision to prevent loss to any party resulting from the delay.
1194	1194	Such a stay shall not be available pending any appeal by a defendant The
1195	1195	court may lift the automatic stay of discovery upon good cause shown.
1196	1196	(p) Except as otherwise provided by this act, all proceedings
1197	1197	hereunder under the act shall be governed by the rules of civil procedure
1198	1198	pursuant to K.S.A. 60-101 et seq., and amendments thereto.
1199	1199	(q) An action pursuant to this act shall be consolidated with any other
1200	1200	action or proceeding pursuant to this act or to such other foreclosure or
1201	1201	trustee sale proceedings relating to the same property on motion of the
1202	1202	plaintiff's attorney, and may be consolidated on motion of an owner or
1203	1203	interest holder.
1204	1204	Sec. 7. K.S.A. 2023 Supp. 60-4113 is hereby amended to read as
1205	1205	follows: 60-4113. (a) A judicial in rem forfeiture proceeding brought by
1206	1206	the plaintiff's attorney pursuant to a notice of pending forfeiture or verified
1207	1207	petition for forfeiture is also subject to the provisions of this section. If a
1208	1208	forfeiture is authorized by this act, it shall be ordered by the court in the in
1209	1209	rem action.
1210	1210	(b) An action in rem may be brought by the plaintiff's attorney in
1211	1211	addition to, or in lieu of, civil in personam forfeiture procedures. The
1212	1212	seizing agency may serve the complaint in the manner provided by K.S.A.
1213	1213	60-4109(a)(3), and amendments thereto, or as provided by the rules of
1214	1214	civil procedure.
1215	1215	(c) Only an owner of or an interest holder in the property who has
1216	1216	timely filed a proper claim may file an answer in an action in rem. For the
1217	1217	purposes of this section, an owner of or interest holder in property who has
1218	1218	filed a claim and answer shall be referred to as a claimant.
1219	1219	(d) The answer shall be signed by the claimant under penalty of
1220	1220	perjury, K.S.A. 21-5903, and amendments thereto, shall otherwise be in
1221	1221	accordance with the rules of civil procedure on answers and shall also set
1222	1222	forth the following:
1223	1223	(1) The caption of the proceedings and identifying number, if any, as
1224	1224	set forth on the notice of pending forfeiture or complaint and the name of
1225	1225	the claimant;
1226	1226	(2) the address where the claimant will accept mail;
1227	1227	(3) the nature and extent of the claimant's interest in the property; and
1228	1228	(4) a detailed description of when and how the claimant obtained an
1229	1229	interest in the property.
1230	1230	(e) Substantial compliance with subsection (d) shall be deemed
1231	1231	sufficient.
1232	1232	(f) It is permissible to assert the right against self-incrimination in an
1233	1233	answer. If a claimant asserts the right, the court, in the court's discretion,
1234	1234	may draw an adverse inference from the assertion against the claimant.
1235	1235	The adverse inference shall not, by itself, be the basis of a judgment
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1279	1279	against the claimant.
1280	1280	(g) The answer shall be filed within 21 days after service of the civil
1281	1281	in rem complaint.
1282	1282	(h) The issue shall be determined by the court alone. The plaintiff's
1283	1283	attorney shall have the initial burden of proving the interest in the property
1284	1284	is subject to forfeiture by a preponderance of the clear and convincing
1285	1285	evidence. If the state proves the interest in the property is subject to
1286	1286	forfeiture, the claimant has the burden of showing by a preponderance of
1287	1287	the evidence that the claimant has an interest in the property which is not
1288	1288	subject to forfeiture.
1289	1289	(i) If the plaintiff's attorney fails to meet the burden of proof for
1290	1290	forfeiture, or a claimant establishes by a preponderance of the evidence
1291	1291	that the claimant has an interest that is exempt under the provisions of
1292	1292	K.S.A. 60-4106, and amendments thereto, the court shall order the interest
1293	1293	in the property returned or conveyed to the claimant. The court shall order
1294	1294	all other property forfeited to the seizing agency and conduct further
1295	1295	proceedings pursuant to K.S.A. 60-4116 and 60-4117, and amendments
1296	1296	thereto.
1297	1297	Sec. 8. K.S.A. 2023 Supp. 60-4116 is hereby amended to read as
1298	1298	follows: 60-4116. (a) If no proper claims are timely filed in an action in
1299	1299	rem, or if no proper answer is timely filed in response to a complaint, the
1300	1300	plaintiff's attorney may apply for an order of forfeiture and allocation of
1301	1301	forfeited property pursuant to K.S.A. 60-4117, and amendments thereto.
1302	1302	Upon a determination by the court that the seizing agency's written
1303	1303	application established the court's jurisdiction, the giving of proper notice,
1304	1304	and facts sufficient to show probable cause for forfeiture, the court shall
1305	1305	order the property forfeited to the seizing agency.
1306	1306	(b) After final disposition of all claims timely filed in an action in
1307	1307	rem, or after final judgment and disposition of all claims timely filed in an
1308	1308	action in personam, the court shall enter an order that the seizing agency
1309	1309	has clear title to the forfeited property interest. Title to the forfeited
1310	1310	property interest and such property's proceeds shall be deemed to have
1311	1311	vested in the seizing agency on the commission of the conduct giving rise
1312	1312	to forfeiture under this act.
1313	1313	(c) If, in the discretion of the plaintiff's attorney, such plaintiff's
1314	1314	attorney has recognized in writing that an interest holder has an interest
1315	1315	that is exempt from forfeiture, the court, on application of the plaintiff's
1316	1316	attorney, may release or convey forfeited personal property to a regulated
1317	1317	interest holder on all of the following conditions:
1318	1318	(1) The interest holder has an interest which was acquired in the
1319	1319	regular course of business as an interest holder.
1320	1320	(2) The amount of the interest holder's encumbrance is readily
1321	1321	determinable and the amount has been reasonably established by proof
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1365	1365	made available by the plaintiff's attorney to the court.
1366	1366	(3) The encumbrance held by the interest holder seeking possession is
1367	1367	the only interest exempted from forfeiture and the order forfeiting the
1368	1368	property to the seizing agency transferred all of the rights of the owner
1369	1369	prior to forfeiture, including rights of redemption to the seizing agency.
1370	1370	(4) After the court's release or conveyance, the interest holder shall
1371	1371	dispose of the property by a commercially reasonable public sale, and
1372	1372	within 14 days of disposition shall tender to the seizing agency the amount
1373	1373	received at disposition less the amount of the interest holder's
1374	1374	encumbrance and reasonable expense incurred by the interest holder in
1375	1375	connection with the sale or disposal.
1376	1376	(d) On order of the court forfeiting the subject property, the seizing
1377	1377	agency may transfer good and sufficient title to any subsequent purchaser
1378	1378	or transferee, unless satisfied and released earlier, subject to all mortgages,
1379	1379	deeds of trust, financing statements or security agreements of record prior
1380	1380	to the forfeiture held by an interest holder and the title shall be recognized
1381	1381	by all courts, by this state, and by all agencies of and any political
1382	1382	subdivision. Likewise on entry of judgment in favor of a person claiming
1383	1383	an interest in the property that is subject to proceedings to forfeit property
1384	1384	under this act, the court shall enter an order that the property or interest in
1385	1385	property shall be released or delivered promptly to that person free of liens
1386	1386	and encumbrances under this act and the person's cost bond shall be
1387	1387	discharged.
1388	1388	(e) Upon motion by the plaintiff's attorney, if it appears after a
1389	1389	hearing there was reasonable cause for the seizure for forfeiture or for the
1390	1390	filing of the notice of pending forfeiture or complaint, the court shall cause
1391	1391	a finding to be entered that reasonable cause existed, or that any such
1392	1392	action was taken under a reasonable good faith belief that it was proper,
1393	1393	and the claimant is not entitled to costs or damages, and the person or
1394	1394	seizing agency who made the seizure, and the plaintiff's attorney, are not
1395	1395	liable to suit or judgment on account of the seizure, suit or prosecution.
1396	1396	Nothing in this subsection shall affect whether a claimant is entitled to
1397	1397	payment of attorney fees, litigation costs and interest pursuant to
1398	1398	subsection (f).
1399	1399	(f) (1) The court shall may order a claimant who fails to establish that
1400	1400	a substantial portion of the claimant's interest is exempt from forfeiture
1401	1401	under K.S.A. 60-4105, and amendments thereto, to pay the reasonable
1402	1402	costs and expenses of any claimant who established such claimant's
1403	1403	interest is exempt from forfeiture under K.S.A. 60-4105, and amendments
1404	1404	thereto, and to pay the reasonable costs and expenses of the seizing agency
1405	1405	for the investigation and litigation of the matter, including reasonable
1406	1406	attorney fees, in connection with that claimant.
1407	1407	(2) In any proceeding in which the court finds that the claimant has
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1451	1451	prevailed by ordering the return of at least half of the aggregate value of
1452	1452	the claimant's interest in the property or currency in which the claimant
1453	1453	asserted an interest, the court shall order the seizing agency to pay:
1454	1454	(A) Reasonable attorney fees and other litigation costs incurred by
1455	1455	the claimant;
1456	1456	(B) post judgment interest; and
1457	1457	(C) in cases involving currency, other negotiable instruments or the
1458	1458	proceeds of an interlocutory sale, any interest actually paid from the date
1459	1459	of seizure.
1460	1460	(g) If there are multiple claims to the same property, the seizing
1461	1461	agency shall not be liable for attorney fees and costs associated with any
1462	1462	claim if the seizing agency:
1463	1463	(1) Promptly recognizes such claim;
1464	1464	(2) promptly returns the interest of the claimant in the property to the
1465	1465	claimant, if the property can be divided without difficulty and there are no
1466	1466	competing claims to that portion of the property;
1467	1467	(3) does not cause the claimant to incur additional costs or fees; and
1468	1468	(4) prevails in obtaining forfeiture with respect to one or more of the
1469	1469	other claims.
1470	1470	(h) If more than one law enforcement agency is substantially involved
1471	1471	in effecting a forfeiture pursuant to this act, and no interagency agreement
1472	1472	exists, the court shall equitably distribute the proceeds among such
1473	1473	agencies.
1474	1474	(h)(i) Notwithstanding any other provision of law, upon the request of
1475	1475	the intellectual property owner, all seized items bearing a counterfeit mark
1476	1476	shall be released to the intellectual property owner for destruction or
1477	1477	disposition. If the intellectual property owner does not request release of
1478	1478	seized items bearing a counterfeit mark, such items shall be destroyed
1479	1479	unless the intellectual property owner consents to another disposition.
1480	1480	Sec. 9. K.S.A. 2023 Supp. 60-4117 is hereby amended to read as
1481	1481	follows: 60-4117. Except as provided in K.S.A. 65-7014, and amendments
1482	1482	thereto: (a) When property is forfeited under this act, the law enforcement
1483	1483	agency may:
1484	1484	(1) Retain such property for official use or transfer the custody or
1485	1485	ownership to any local, state or federal agency, subject to any lien
1486	1486	preserved by the court;
1487	1487	(2) destroy or use for investigative or training purposes, any illegal or
1488	1488	controlled substances and equipment or other contraband, provided that
1489	1489	materials necessary as evidence shall be preserved;
1490	1490	(3) sell property which is not required by law to be destroyed and
1491	1491	which is not harmful to the public:
1492	1492	(A) All property, except real property, designated by the seizing
1493	1493	agency to be sold shall be sold at public sale to the highest bidder for cash
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1537	1537	without appraisal. The seizing agency shall first cause notice of the sale to
1538	1538	be made by publication at least once in an official county newspaper as
1539	1539	defined by K.S.A. 64-101, and amendments thereto. Such notice shall
1540	1540	include the time, place, and conditions of the sale and description of the
1541	1541	property to be sold. Nothing in this subsection shall prevent a state agency
1542	1542	from using the state surplus property system and such system's procedures
1543	1543	shall be sufficient to meet the requirements of this subsection.
1544	1544	(B) Real property may be sold pursuant to subsection (a)(3)(A), or
1545	1545	the seizing agency may contract with a real estate company, licensed in
1546	1546	this state, to list, advertise and sell such real property in a commercially
1547	1547	reasonable manner.
1548	1548	(C) No employee or public official of any agency involved in the
1549	1549	investigation, seizure or forfeiture of seized property may purchase or
1550	1550	attempt to purchase such property; or
1551	1551	(4) salvage the property, subject to any lien preserved by the court.
1552	1552	(b) When firearms are forfeited under this act, the firearms in the
1553	1553	discretion of the seizing agency, shall be destroyed, used within the seizing
1554	1554	agency for official purposes, traded to another law enforcement agency for
1555	1555	use within such agency or given to the Kansas bureau of investigation for
1556	1556	law enforcement, testing, comparison or destruction by the Kansas bureau
1557	1557	of investigation forensic laboratory.
1558	1558	(c) The proceeds of any sale shall be distributed in the following
1559	1559	order of priority:
1560	1560	(1) For satisfaction of any court preserved security interest or lien, or
1561	1561	in the case of a violation, as defined by K.S.A. 60-4104(i), and
1562	1562	amendments thereto, the proceeds shall be remitted to the state treasurer in
1563	1563	accordance with the provisions of K.S.A. 75-4215, and amendments
1564	1564	thereto. Upon receipt of such remittance, the state treasurer shall deposit
1565	1565	the entire amount into the state treasury to the credit of the medicaid fraud
1566	1566	reimbursement fund;
1567	1567	(2) thereafter, for payment of all proper expenses of the proceedings
1568	1568	for forfeiture and disposition, including expenses of seizure, inventory,
1569	1569	appraisal, maintenance of custody, preservation of availability, advertising,
1570	1570	service of process, sale and court costs;
1571	1571	(3) reasonable attorney fees:
1572	1572	(A) If the plaintiff's attorney is a county or district attorney, an
1573	1573	assistant, or another governmental agency's attorney, fees shall not exceed
1574	1574	15% of the total proceeds, less the amounts of subsection (c)(1) and (2), in
1575	1575	an uncontested forfeiture nor 20% of the total proceeds, less the amounts
1576	1576	of subsection (c)(1) and (2), in a contested forfeiture. Such fees shall be
1577	1577	deposited in the county or city treasury and credited to the special
1578	1578	prosecutor's trust fund. Moneys in such fund shall not be considered a
1579	1579	source of revenue to meet normal operating expenditures, including salary
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1623	1623	enhancement. Such fund shall be expended by the county or district
1624	1624	attorney, or other governmental agency's attorney through the normal
1625	1625	county or city appropriation system and shall be used for such additional
1626	1626	law enforcement and prosecutorial purposes as the county or district
1627	1627	attorney or other governmental agency's attorney deems appropriate,
1628	1628	including educational purposes. All moneys derived from past or pending
1629	1629	forfeitures shall be expended pursuant to this act. The board of county
1630	1630	commissioners shall provide adequate funding to the county or district
1631	1631	attorney's office to enable such office to enforce this act. Neither future
1632	1632	forfeitures nor the proceeds therefrom shall be used in planning or
1633	1633	adopting a county or district attorney's budget;
1634	1634	(B) if the plaintiff's attorney is the attorney general and the conduct
1635	1635	and offense giving rise to forfeiture is pursuant to K.S.A. 60-4104(i), and
1636	1636	amendments thereto, fees shall not exceed 15% of the total proceeds, less
1637	1637	the amounts of subsection (c)(1) and (2) in an uncontested forfeiture nor
1638	1638	20% of the total proceeds, less the amounts of subsection (c)(1) and (2) in
1639	1639	a contested forfeiture. Such fees shall be remitted to the state treasurer in
1640	1640	accordance with the provisions of K.S.A. 75-4215, and amendments
1641	1641	thereto. Upon receipt of each such remittance, the state treasurer shall
1642	1642	deposit the entire amount in the state treasury to the credit of the medicaid
1643	1643	fraud prosecution revolving fund. Moneys paid into the medicaid fraud
1644	1644	prosecution revolving fund pursuant to this subsection shall be
1645	1645	appropriated to the attorney general for use by the attorney general in the
1646	1646	investigation and prosecution of medicaid fraud and abuse; or
1647	1647	(C) if the plaintiff's attorney is a private attorney, such reasonable fees
1648	1648	shall be negotiated by the employing law enforcement agency;
1649	1649	(4) repayment of law enforcement funds expended in purchasing of
1650	1650	contraband or controlled substances, subject to any interagency agreement.
1651	1651	(d) Any proceeds remaining shall be credited as follows, subject to
1652	1652	any interagency agreement:
1653	1653	(1) If the law enforcement agency is a state agency, the entire amount
1654	1654	shall be deposited in the state treasury and credited to such agency's state
1655	1655	forfeiture fund. There is hereby established in the state treasury the
1656	1656	following state funds: Kansas bureau of investigation state forfeiture fund,
1657	1657	Kansas attorney general's state medicaid fraud forfeiture fund, Kansas
1658	1658	highway patrol state forfeiture fund, Kansas department of corrections
1659	1659	state forfeiture fund and Kansas national guard counter drug state
1660	1660	forfeiture fund. Expenditures from the Kansas bureau of investigation state
1661	1661	forfeiture fund shall be made upon warrants of the director of accounts and
1662	1662	reports issued pursuant to vouchers approved by the attorney general or by
1663	1663	a person or persons designated by the attorney general. Expenditures from
1664	1664	the Kansas attorney general's state medicaid fraud forfeiture fund shall be
1665	1665	made upon warrants of the director of accounts and reports issued pursuant
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1709	1709	to vouchers approved by the attorney general or by a person or persons
1710	1710	designated by the attorney general. Expenditures from the Kansas highway
1711	1711	patrol state forfeiture fund shall be made upon warrants of the director of
1712	1712	accounts and reports issued pursuant to vouchers approved by the
1713	1713	superintendent of the highway patrol or by a person or persons designated
1714	1714	by the superintendent. Expenditures from the Kansas department of
1715	1715	corrections state forfeiture fund shall be made upon warrants of the
1716	1716	director of accounts and reports issued pursuant to vouchers approved by
1717	1717	the secretary of the department of corrections or by a person or persons
1718	1718	designated by the secretary. Expenditures from the Kansas national guard
1719	1719	counter drug state forfeiture fund shall be made upon warrants of the
1720	1720	director of accounts and reports issued pursuant to vouchers approved by
1721	1721	the adjutant general of Kansas or by a person or persons designated by the
1722	1722	adjutant general.
1723	1723	(2) If the law enforcement agency is a city or county agency, the
1724	1724	entire amount shall be deposited in such city or county treasury and
1725	1725	credited to a special law enforcement trust fund.
1726	1726	(e) (1) Moneys in the Kansas bureau of investigation state forfeiture
1727	1727	fund, Kansas highway patrol state forfeiture fund, Kansas department of
1728	1728	corrections state forfeiture fund, the special law enforcement trust funds
1729	1729	and the Kansas national guard counter drug state forfeiture fund shall not
1730	1730	be considered a source of revenue to meet normal operating expenses.
1731	1731	Such funds shall be expended by the agencies or departments through the
1732	1732	normal city, county or state appropriation system and shall be used for
1733	1733	such special, additional law enforcement purposes specified in subsection
1734	1734	(e)(2) as the law enforcement agency head deems appropriate. Neither
1735	1735	future forfeitures nor the proceeds from such forfeitures shall be used in
1736	1736	planning or adopting a law enforcement agency's budget.
1737	1737	(2) Moneys in the funds described in subsection (e)(1) shall be used
1738	1738	only for the following special, additional law enforcement purposes:
1739	1739	(A) The support of investigations and operations that further the law
1740	1740	enforcement agency's goals or missions;
1741	1741	(B) the training of investigators, prosecutors and sworn and non-
1742	1742	sworn law enforcement personnel in any area that is necessary to perform
1743	1743	official law enforcement duties;
1744	1744	(C) the costs associated with the purchase, lease, construction,
1745	1745	expansion, improvement or operation of law enforcement or detention
1746	1746	facilities used or managed by the recipient agency;
1747	1747	(D) the costs associated with the purchase, lease, maintenance or
1748	1748	operation of law enforcement equipment for use by law enforcement
1749	1749	personnel that supports law enforcement activities;
1750	1750	(E) the costs associated with the purchase of multi-use equipment and
1751	1751	operations used by both law enforcement and non-law enforcement
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1795	1795	personnel;
1796	1796	(F) the costs associated with a contract for a specific service that
1797	1797	supports or enhances law enforcement;
1798	1798	(G) the costs associated with travel and transportation to perform or
1799	1799	in support of law enforcement duties and activities;
1800	1800	(H) the costs associated with the purchase of plaques and certificates
1801	1801	for law enforcement personnel in recognition of a law enforcement
1802	1802	achievement, activity or training;
1803	1803	(I) the costs associated with conducting awareness programs by law
1804	1804	enforcement agencies;
1805	1805	(J) the costs associated with paying a state or local law enforcement
1806	1806	agency's matching contribution or share in a state or federal grant program
1807	1807	for items other than salaries;
1808	1808	(K) cash transfers from one state or local law enforcement agency to
1809	1809	another in support of the law enforcement agency's goals or missions; and
1810	1810	(L) transfers from a state or local law enforcement agency to a state,
1811	1811	county or local governmental agency or community non-profit
1812	1812	organization in support of the law enforcement agency's goals or missions;
1813	1813	and
1814	1814	(M) payment of attorney fees, litigation costs and interest ordered by
1815	1815	a court pursuant to K.S.A. 60-4116, and amendments thereto.
1816	1816	(3) Moneys in the funds described in subsection (e)(1) shall be
1817	1817	separated and accounted for in a manner that allows accurate tracking and
1818	1818	reporting of deposits and expenditures of the following categories of
1819	1819	money:
1820	1820	(A) Proceeds from forfeiture credited to the fund pursuant to this
1821	1821	section;
1822	1822	(B) proceeds from pending forfeiture actions under this act; and
1823	1823	(C) proceeds from forfeiture actions under federal law.
1824	1824	(f) Moneys in the Kansas attorney general's medicaid fraud forfeiture
1825	1825	fund shall defray costs of the attorney general in connection with the
1826	1826	duties of investigating and prosecuting medicaid fraud and abuse.
1827	1827	(g) (1) If the law enforcement agency is a state agency, such agency
1828	1828	shall compile and submit a forfeiture fund report to the legislature on or
1829	1829	before February 1 of each year. Such report shall include, but not be
1830	1830	limited to: (A) The fund balance on December 1; and (B) the deposits and
1831	1831	expenditures for the previous 12-month period ending December 1.
1832	1832	(2) If the law enforcement agency is a city or county agency, such
1833	1833	agency shall compile and submit annually a special law enforcement trust
1834	1834	fund report to the entity that has budgetary authority over such agency and
1835	1835	such report shall specify, for such period, the type and approximate value
1836	1836	of the forfeited property received, the amount of any forfeiture proceeds
1837	1837	received and how any of those proceeds were expended.
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1881	1881	(3) The provisions of this subsection shall expire on July 1, 2019.
1882	1882	Sec. 10. K.S.A. 2023 Supp. 60-4104, 60-4106, 60-4107, 60-4109, 60-
1883	1883	4111, 60-4112, 60-4113, 60-4116 and 60-4117 are hereby repealed.
1884	1884	Sec. 11. This act shall take effect and be in force from and after its
1885	1885	publication in the statute book.
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