KS
Kansas Senate Bill SB237

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB237

Introduced
2/10/23  
Refer
2/13/23  

Caption

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.

Impact

The bill is expected to reinforce legal safeguards surrounding property rights, thus giving individuals greater protection against unlawful seizures. By requiring a conviction prior to any forfeiture action, it significantly alters how law enforcement agencies can operate in asset seizure cases. This amendment highlights the importance of due process and could lead to a reduction in the number of forfeiture actions initiated without sufficient legal backing. On the regulatory front, the bill also enforces stricter reporting requirements for law enforcement agencies regarding seized assets, which promotes transparency.

Summary

Senate Bill 237 proposes significant amendments to the existing Kansas standard asset seizure and forfeiture act. The bill mandates that a conviction is required before any property can be forfeited, shifting the burden of proof to the seizing agencies. It also asserts the necessity of demonstrating that the property was subject to forfeiture beyond a reasonable doubt, which enhances the protection of property rights for individuals. Furthermore, it stipulates that all proceeds from seized property must be remitted to the state general fund, rather than being retained by local enforcement agencies that executed the seizures.

Contention

Notable points of contention arise regarding the implications of these changes on law enforcement practices. Proponents of the bill argue that it aligns the forfeiture process with traditional notions of justice, where punishments require proof of wrongdoing. Conversely, law enforcement bodies may contend that such stringent regulations could hinder their ability to effectively combat crime, particularly in drug-related and organized crime activities. The debate also encompasses the allocation of forfeiture proceeds, as transitioning to a system that channels funds to the state treasury might reduce financial incentives for agencies to pursue seizures currently allowed.

Latest SB237 Activity

Companion Bills

No companion bills found.

Previously Filed As

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.

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 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 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 HB2380

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

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.

HI SB149

Relating To Property Forfeiture.

WV HB2673

To require a guilty verdict, before any property of any type are taken from an individual