Kansas 2023-2024 Regular Session

Kansas Senate Bill SB237 Compare Versions

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

Old	New	Differences
1	1	Session of 2023
2	2	SENATE BILL No. 237
3	3	By Committee on Federal and State Affairs
4	4	2-10
5	5	AN ACT concerning the Kansas standard asset seizure and forfeiture act;
6	6	requiring a conviction prior to forfeiture; remitting proceeds to the state
7	7	general fund; requiring proof beyond a reasonable doubt that property
8	8	is subject to forfeiture; requiring seizing agencies to make forfeiture
9	9	reports more often; amending K.S.A. 2022 Supp. 60-4104, 60-4105,
10	10	60-4106, 60-4109, 60-4112, 60-4113, 60-4114, 60-4117 and 60-4127
11	11	and repealing the existing sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 2022 Supp. 60-4104 is hereby amended to read as
14	14	follows: 60-4104. Conduct and Offenses giving rise to forfeiture under this
15	15	act, whether or not there is a prosecution or only after a felony conviction
16	16	related to the offense, are:
17	17	(a) All offenses which that statutorily and specifically authorize
18	18	forfeiture;
19	19	(b) violations involving controlled substances, as described in K.S.A.
20	20	2022 Supp. 21-5701 through 21-5717, and amendments thereto;
21	21	(c) theft, as defined in K.S.A. 2022 Supp. 21-5801, and amendments
22	22	thereto;
23	23	(d) criminal discharge of a firearm, as defined in K.S.A. 2022 Supp.
24	24	21-6308(a)(1) and (a)(2), and amendments thereto;
25	25	(e) gambling, as defined in K.S.A. 2022 Supp. 21-6404, and
26	26	amendments thereto, and commercial gambling, as defined in K.S.A. 2022
27	27	Supp. 21-6406(a)(1), and amendments thereto;
28	28	(f) counterfeiting, as defined in K.S.A. 2022 Supp. 21-5825, and
29	29	amendments thereto;
30	30	(g) unlawful possession or use of a scanning device or reencoder, as
31	31	described in K.S.A. 2022 Supp. 21-6108, and amendments thereto;
32	32	(h) medicaid fraud, as described in K.S.A. 2022 Supp. 21-5925
33	33	through 21-5934, and amendments thereto;
34	34	(i) an act or omission occurring outside this state, which that would
35	35	be a violation in the place of occurrence and would be described in this
36	36	section if the act occurred in this state, whether or not it is prosecuted in
37	37	any state;
38	38	(j) an act or omission committed in furtherance of any act or omission
39	39	described in this section, including any inchoate or preparatory offense,
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76	76	whether or not there is a prosecution or conviction related to the act or
77	77	omission;
78	78	(k) any solicitation or conspiracy to commit any act or omission
79	79	described in this section, whether or not there is a prosecution or
80	80	conviction related to the act or omission;
81	81	(l) terrorism, as defined in K.S.A. 2022 Supp. 21-5421, and
82	82	amendments thereto, illegal use of weapons of mass destruction, as
83	83	defined in K.S.A. 2022 Supp. 21-5422, and amendments thereto, and
84	84	furtherance of terrorism or illegal use of weapons of mass destruction, as
85	85	described in K.S.A. 2022 Supp. 21-5423, and amendments thereto;
86	86	(m) unlawful conduct of dog fighting and unlawful possession of dog
87	87	fighting paraphernalia, as defined in K.S.A. 2022 Supp. 21-6414(a) and
88	88	(b), and amendments thereto;
89	89	(n) unlawful conduct of cockfighting and unlawful possession of
90	90	cockfighting paraphernalia, as defined in K.S.A. 2022 Supp. 21-6417(a)
91	91	and (b), and amendments thereto;
92	92	(o) selling sexual relations, as defined in K.S.A. 2022 Supp. 21-6419,
93	93	and amendments thereto, promoting the sale of sexual relations, as defined
94	94	in K.S.A. 2022 Supp. 21-6420, and amendments thereto, and buying
95	95	sexual relations, as defined in K.S.A. 2022 Supp. 21-6421, and
96	96	amendments thereto;
97	97	(p) human trafficking and aggravated human trafficking, as defined in
98	98	K.S.A. 2022 Supp. 21-5426, and amendments thereto;
99	99	(q) violations of the banking code, as described in K.S.A. 9-2012, and
100	100	amendments thereto;
101	101	(r) mistreatment of a dependent adult, as defined in K.S.A. 2022
102	102	Supp. 21-5417, and amendments thereto;
103	103	(s) giving a worthless check, as defined in K.S.A. 2022 Supp. 21-
104	104	5821, and amendments thereto;
105	105	(t) forgery, as defined in K.S.A. 2022 Supp. 21-5823, and
106	106	amendments thereto;
107	107	(u) making false information, as defined in K.S.A. 2022 Supp. 21-
108	108	5824, and amendments thereto;
109	109	(v) criminal use of a financial card, as defined in K.S.A. 2022 Supp.
110	110	21-5828, and amendments thereto;
111	111	(w) unlawful acts concerning computers, as described in K.S.A. 2022
112	112	Supp. 21-5839, and amendments thereto;
113	113	(x) identity theft and identity fraud, as defined in K.S.A. 2022 Supp.
114	114	21-6107(a) and (b), and amendments thereto;
115	115	(y) electronic solicitation, as defined in K.S.A. 2022 Supp. 21-5509,
116	116	and amendments thereto;
117	117	(z) felony violations of fleeing or attempting to elude a police officer,
118	118	as described in K.S.A. 8-1568, and amendments thereto;
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162	162	(aa) commercial sexual exploitation of a child, as defined in K.S.A.
163	163	2022 Supp. 21-6422, and amendments thereto;
164	164	(bb) violations of the Kansas racketeer influenced and corrupt
165	165	organization act, as described in K.S.A. 2022 Supp. 21-6329, and
166	166	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. 2022 Supp. 21-5508, and
169	169	amendments thereto;
170	170	(dd) sexual exploitation of a child, as defined in K.S.A. 2022 Supp.
171	171	21-5510, and amendments thereto; and
172	172	(ee) violation of a consumer protection order as defined in K.S.A.
173	173	2022 Supp. 21-6423, and amendments thereto.
174	174	Sec. 2. K.S.A. 2022 Supp. 60-4105 is hereby amended to read as
175	175	follows: 60-4105. The following property is subject to forfeiture:
176	176	(a) Property described in a statute authorizing forfeiture;
177	177	(b) except as otherwise provided by law, all property, of every kind,
178	178	including, but not limited to, cash and negotiable instruments and the
179	179	whole of any lot or tract of land and any appurtenances or improvements
180	180	to real property, that is either:
181	181	(1) Furnished or intended to be furnished by any person in an
182	182	exchange that constitutes conduct an offense giving rise to forfeiture; or
183	183	(2) used or intended to be used in any manner to facilitate conduct an
184	184	offense giving rise to forfeiture, including, but not limited to, any
185	185	electronic device, computer, computer system, computer network or any
186	186	software or data owned by the defendant which is used during the
187	187	commission of an offense listed in K.S.A. 60-4104, and amendments
188	188	thereto;
189	189	(c) all proceeds of any conduct an offense giving rise to forfeiture;
190	190	(d) all property of every kind, including, but not limited to, cash and
191	191	negotiable instruments derived from or realized through any proceeds
192	192	which that were obtained directly or indirectly from the commission of an
193	193	offense listed in K.S.A. 60-4104, and amendments thereto;
194	194	(e) all weapons possessed, used, or available for use in any manner to
195	195	facilitate conduct an offense giving rise to forfeiture;
196	196	(f) ownership or interest in real property that is a homestead, to the
197	197	extent the homestead was acquired with proceeds from conduct an offense
198	198	giving rise to forfeiture;
199	199	(g) contraband, which shall be seized and summarily forfeited to the
200	200	state without regard to the procedures set forth in this act;
201	201	(h) all controlled substances, raw materials, controlled substance
202	202	analogs, counterfeit substances, or imitation controlled substances that
203	203	have been manufactured, distributed, dispensed, possessed, or acquired in
204	204	violation of the laws of this state; and
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248	248	(i) any items bearing a counterfeit mark.
249	249	Sec. 3. K.S.A. 2022 Supp. 60-4106 is hereby amended to read as
250	250	follows: 60-4106. (a) All property, including all interests in property,
251	251	described in K.S.A. 60-4105, and amendments thereto, is subject to
252	252	forfeiture subject to all mortgages, deeds of trust, financing statements or
253	253	security agreements properly of record prior to the forfeiture held by an
254	254	interest holder except that property specifically exempted hereunder:
255	255	(1) No real property or conveyance, or an interest therein, may be
256	256	forfeited under this act unless the offense or conduct giving rise to
257	257	forfeiture constitutes a felony.
258	258	(2) No conveyance used by any person as a common carrier in the
259	259	transaction of business as a common carrier is subject to forfeiture under
260	260	this act unless the owner or other person in charge of the conveyance is a
261	261	consenting party or privy to a violation of this act the offense giving rise to
262	262	forfeiture.
263	263	(3) No property is subject to forfeiture under this act if the owner or
264	264	interest holder acquired the property before or during the conduct
265	265	commission of the offense giving rise to the property's forfeiture, and such
266	266	owner or interest holder:
267	267	(A) Did not know and could not have reasonably known of the act or
268	268	omission or that it was likely to occur; or
269	269	(B) acted reasonably to prevent the conduct offense giving rise to
270	270	forfeiture.
271	271	(4) No property is subject to forfeiture if the owner or interest holder
272	272	acquired the property after the conduct commission of the offense giving
273	273	rise to the property's forfeiture, including acquisition of proceeds of
274	274	conduct an offense giving rise to forfeiture, and such owner or interest
275	275	holder:
276	276	(A) Acquired the property in good faith, for value; and
277	277	(B) was not knowingly taking part in an illegal transaction.
278	278	(5) (A) An interest in property acquired in good faith by an attorney
279	279	as reasonable payment or to secure payment for legal services in a criminal
280	280	matter relating to violations of this act or for the reimbursement of
281	281	reasonable expenses related to the legal services is exempt from forfeiture
282	282	unless before the interest was acquired the attorney knew of a judicial
283	283	determination of probable cause that the property is subject to forfeiture.
284	284	(B) The state bears the burden of proving that an exemption claimed
285	285	under this section is not applicable. Evidence made available by the
286	286	compelled disclosure of confidential communications between an attorney
287	287	and a client other than nonprivileged information relating to attorney fees,
288	288	is not admissible to satisfy the state's burden of proof.
289	289	(b) Notwithstanding subsection (a), property is not exempt from
290	290	forfeiture, even though the owner or interest holder lacked knowledge or
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334	334	reason to know that the conduct offense giving rise to property's forfeiture
335	335	had occurred or was likely to occur, if the:
336	336	(1) Person whose conduct offense gave rise to the property's forfeiture
337	337	had authority to convey the property of the person claiming the exemption
338	338	to a good faith purchaser for value at the time of the conduct offense;
339	339	(2) owner or interest holder is criminally responsible for the conduct
340	340	convicted of the offense giving rise to the property's forfeiture, whether or
341	341	not there is a prosecution or conviction; or
342	342	(3) owner or interest holder acquired the property with notice of the
343	343	property's actual or constructive seizure for forfeiture under this act, or
344	344	with reason to believe that the property was subject to forfeiture under this
345	345	act.
346	346	(c) Prior to final judgment in a judicial forfeiture proceeding, a court
347	347	shall limit the scope of a proposed forfeiture to the extent the court finds
348	348	the effect of the forfeiture is grossly disproportionate to the nature and
349	349	severity of the owner's conduct, including, but not limited to, a
350	350	consideration of any of the following factors:
351	351	(1) The gain received or expected to be received by an owner from
352	352	conduct that allows forfeiture the offense;
353	353	(2) the value of the property subject to forfeiture;
354	354	(3) the extent to which the property actually facilitated the criminal
355	355	conduct offense giving rise to forfeiture;
356	356	(4) the nature and extent of the owner's knowledge of the role of
357	357	others in the conduct offense that allows forfeiture of the property and
358	358	efforts of the owner to prevent the conduct such offense; and
359	359	(5) the totality of the circumstances regarding the investigation.
360	360	Sec. 4. K.S.A. 2022 Supp. 60-4109 is hereby amended to read as
361	361	follows: 60-4109. (a) Forfeiture proceedings shall be commenced only
362	362	after a conviction for the offense giving rise to forfeiture by filing a notice
363	363	of pending forfeiture or a judicial forfeiture action:
364	364	(1) If the plaintiff's attorney fails to initiate forfeiture proceedings by
365	365	notice of pending forfeiture within 90 days against property seized for
366	366	forfeiture or if the seizing agency fails to pursue forfeiture of the property
367	367	upon which a proper claim has been timely filed by filing a judicial
368	368	forfeiture proceeding within 90 days after notice of pending forfeiture, the
369	369	property shall be released on the request of an owner or interest holder to
370	370	such owner's or interest holder's custody, as custodian for the court,
371	371	pending further proceedings pursuant to this act. Such custodianship shall
372	372	not exceed 90 days following the release to the owner or interest holder
373	373	unless an extension is authorized by the court for good cause shown.
374	374	(2) If, after notice of pending forfeiture, a claimant files a petition for
375	375	recognition of exemption pursuant to K.S.A. 60-4110, and amendments
376	376	thereto, the plaintiff's attorney may delay filing the judicial forfeiture
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420	420	proceeding for a total of 180 days after the notice of pending forfeiture
421	421	except that if an interest holder timely files a proper petition documenting
422	422	the complete nature and extent of such holder's interest, including all of the
423	423	contractual terms and current status, the plaintiff's attorney may delay
424	424	filing a judicial forfeiture proceeding only if such attorney provides each
425	425	such petitioner with a written recognition of exemption within 60 days
426	426	after the effective date of the notice of pending forfeiture, recognizing the
427	427	interest of such petitioner to the extent of documented outstanding
428	428	principal plus interest at the contract rate until paid and any attorney fees
429	429	ordered by a court pursuant to such contract.
430	430	(3) Whenever notice of pending forfeiture or service of an in rem
431	431	complaint or notice of a recognition of exemption and statement of
432	432	nonexempt interests is required under this act, notice or service shall be
433	433	given in accordance with one of the following:
434	434	(A) If the owner's or interest holder's name and current address are
435	435	known, by either personal service by any person qualified to serve process
436	436	or by any law enforcement officer or by mailing a copy of the notice by
437	437	certified mail, return receipt requested, to the known address, pursuant to
438	438	the code of civil procedure;
439	439	(B) if the owner's or interest holder's name and address are required
440	440	by law to be on record with a municipal, county, state or federal agency to
441	441	perfect an interest in the property, and the owner's or interest holder's
442	442	current address is not known, by mailing a copy of the notice by certified
443	443	mail, return receipt requested, to any address of record with any of the
444	444	described agencies, pursuant to the code of civil procedure; or
445	445	(C) if the owner's or interest holder's address is not known and is not
446	446	on record as provided in subparagraph (B), or the owner's or interest
447	447	holder's interest is not known, or if service by certified mail was attempted
448	448	pursuant to subparagraph (A) or (B) and was not effective, by publication
449	449	in one issue of the official county newspaper, as defined by K.S.A. 64-101,
450	450	and amendments thereto, in the county in which the seizure occurred.
451	451	(4) Notice is effective pursuant to the code of civil procedure, except
452	452	that notice of pending forfeiture of real property is not effective until it is
453	453	recorded. Notice of pending forfeiture shall include a description of the
454	454	property, the date and place of seizure, the conduct offense giving rise to
455	455	forfeiture or the violation of law alleged and a summary of procedures and
456	456	procedural rights applicable to the forfeiture action. An affidavit describing
457	457	the essential facts supporting forfeiture shall be included with the notice.
458	458	Copies of judicial council forms for petitioning for recognition of an
459	459	exemption pursuant to K.S.A. 60-4110, and amendments thereto, and for
460	460	making a claim pursuant to K.S.A. 60-4111, and amendments thereto, shall
461	461	be provided with the notice.
462	462	(b) The plaintiff's attorney, without a filing fee, may file a lien for the
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506	506	forfeiture of property upon the initiation of any civil or criminal
507	507	proceeding relating to conduct an offense giving rise to forfeiture under
508	508	this act or upon seizure for forfeiture. Court costs may be assessed and, if
509	509	assessed, shall include the amount of the docket fee prescribed by K.S.A.
510	510	60-2001, and amendments thereto, and any additional court costs accrued
511	511	in the action. A plaintiff's attorney may also file a forfeiture lien in this
512	512	state in connection with a proceeding or seizure for forfeiture in any other
513	513	state under a state or federal statute substantially similar to the relevant
514	514	provisions of this act. The filing constitutes notice to any person claiming
515	515	an interest in the seized property or in property owned by the named
516	516	person.
517	517	(1) The lien notice shall set forth the following:
518	518	(A) The name of the person and, in the discretion of the lienor, any
519	519	alias, or the name of any corporation, partnership, trust or other entity,
520	520	including nominees, that are owned entirely or in part or controlled by the
521	521	person; and
522	522	(B) the description of the seized property, the criminal or civil
523	523	proceeding that has been brought relating to conduct the offense giving rise
524	524	to forfeiture under this act, the amount claimed by the lienor, the name of
525	525	the district court where the proceeding or action has been brought, and the
526	526	case number of the proceeding or action if known at the time of filing.
527	527	(2) A lien filed pursuant to this subsection applies to the described
528	528	seized property or to one named person, any aliases, fictitious names, or
529	529	other names, including the names of any corporation, partnership, trust, or
530	530	other entity, owned entirely or in part, or controlled by the named person,
531	531	and any interest in real property owned or controlled by the named person.
532	532	A separate forfeiture lien shall be filed for each named person.
533	533	(3) The notice of lien creates, upon filing, a lien in favor of the lienor
534	534	as it relates to the seized property or the named person or related entities.
535	535	The lien secures the amount of potential liability for civil judgment, and if
536	536	applicable, the fair market value of seized property relating to all
537	537	proceedings under this act enforcing the lien. The notice of forfeiture lien
538	538	referred to in this subsection shall be filed in accordance with the
539	539	provisions of the laws of this state relating to the type of property that is
540	540	subject to the lien. The validity and priority of the forfeiture lien shall be
541	541	determined in accordance with applicable law pertaining to liens. The
542	542	lienor may amend or release, in whole or in part, a lien filed under this
543	543	subsection at any time by filing, without a filing fee, an amended lien in
544	544	accordance with this subsection which identifies the lien amended. The
545	545	lienor, as soon as practical after filing the lien, shall furnish to any person
546	546	named in the lien a notice of the filing of the lien. Failure to furnish notice
547	547	under this subsection shall not invalidate or otherwise affect the lien.
548	548	(4) Upon entry of judgment in the seizing agency's favor, the seizing
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592	592	agency may proceed to execute on the lien as provided by law.
593	593	(5) A trustee, constructive or otherwise, who has notice that a notice
594	594	of forfeiture lien, or a notice of pending forfeiture, or a civil forfeiture
595	595	proceeding has been filed against the property or against any person or
596	596	entity for whom the person holds title or appears as record owner, shall
597	597	furnish within 14 days, to the seizing agency or the plaintiff's attorney all
598	598	of the following information, unless all of the information is of record in
599	599	the public records giving notice of liens on that type of property:
600	600	(A) The name and address of each person or entity for whom the
601	601	property is held;
602	602	(B) the description of all other property whose legal title is held for
603	603	the benefit of the named person; and
604	604	(C) a copy of the applicable trust agreement or other instrument, if
605	605	any, under which the trustee or other person holds legal title or appears as
606	606	record owner of the property.
607	607	(6) A trustee with notice who knowingly fails to comply with the
608	608	provisions of this subsection shall be guilty of a class B nonperson
609	609	misdemeanor.
610	610	(7) A trustee with notice who fails to comply with paragraph (5) is
611	611	subject to a civil penalty of $100 for each day of noncompliance. The court
612	612	shall enter judgment ordering payment of $100 for each day of
613	613	noncompliance from the effective date of the notice until the required
614	614	information is furnished or the seizing agency executes the seizing
615	615	agency's judgment lien under this section.
616	616	(8) To the extent permitted by the constitutions of the United States
617	617	and the state of Kansas, the duty to comply with paragraph (5) shall not be
618	618	excused by any privilege or provision of law of this state or any other state
619	619	or country which authorizes or directs that testimony or records required to
620	620	be furnished pursuant to paragraph (5) are privileged, confidential and
621	621	otherwise may not be disclosed.
622	622	(9) A trustee who furnishes information pursuant to paragraph (5) is
623	623	immune from civil liability for the release of the information.
624	624	(10) An employee of the seizing agency or the plaintiff's attorney
625	625	who releases the information obtained pursuant to paragraph (5), except in
626	626	the proper discharge of official duties, is guilty of a class B nonperson
627	627	misdemeanor.
628	628	(11) If any information furnished pursuant to paragraph (5) is offered
629	629	in evidence, the court may seal that portion of the record or may order that
630	630	the information be disclosed in a designated way.
631	631	(12) A judgment or an order of payment entered pursuant to this
632	632	section becomes a judgment lien against the property alleged to be subject
633	633	to forfeiture.
634	634	Sec. 5. K.S.A. 2022 Supp. 60-4112 is hereby amended to read as
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678	678	follows: 60-4112. (a) A judicial forfeiture proceeding under this act is
679	679	subject to the provisions of this section.
680	680	(b) The court, on application of the plaintiff's attorney, may enter any
681	681	restraining order or injunction, require the execution of satisfactory
682	682	performance bonds, create receiverships, appoint conservators, custodians,
683	683	appraisers, accountants or trustees, or take any other action to seize,
684	684	secure, maintain or preserve the availability of property subject to
685	685	forfeiture under this act, including a writ of attachment or a warrant for
686	686	such property's seizure, whether before or after the filing of a notice of
687	687	pending forfeiture or complaint.
688	688	(c) If property is seized for forfeiture or a forfeiture lien is filed
689	689	without a previous judicial determination of probable cause or order of
690	690	forfeiture or a hearing under K.S.A. 60-4114(c), and amendments thereto,
691	691	the court, on an application filed by an owner of or interest holder in the
692	692	property within 14 days after notice of the property's seizure for forfeiture
693	693	or lien, or actual knowledge of it, whichever is earlier, and after complying
694	694	with the requirements for claims in K.S.A. 60-4109, and amendments
695	695	thereto, after seven days' notice to the plaintiff's attorney, may issue an
696	696	order to show cause to the seizing agency, for a hearing on the sole issue
697	697	of whether probable cause for forfeiture of the property then exists. The
698	698	hearing shall be held within 30 days of the order to show cause unless
699	699	continued for good cause on motion of either party. If the court finds that
700	700	there is no probable cause for forfeiture of the property, or if the seizing
701	701	agency elects not to contest the issue, the property shall be released to the
702	702	custody of the applicant, as custodian for the court, or from the lien
703	703	pending the outcome of a judicial proceeding pursuant to this act. If the
704	704	court finds that probable cause for the forfeiture of the property exists, the
705	705	court shall not order the property released.
706	706	(d) All applications filed within the 14-day period prescribed by
707	707	subsection (c) shall be consolidated for a single hearing relating to each
708	708	applicant's interest in the property seized for forfeiture.
709	709	(e) A person charged with a criminal offense may apply at any time
710	710	before final judgment to the court where the forfeiture proceeding is
711	711	pending for the release of property seized for forfeiture, that is necessary
712	712	for the defense of the person's criminal charge. The application shall
713	713	satisfy the requirements under K.S.A. 60-4111(b), and amendments
714	714	thereto. The court shall hold a probable cause hearing if the applicant
715	715	establishes that:
716	716	(1) The person has not had an opportunity to participate in a previous
717	717	adversarial judicial determination of probable cause;
718	718	(2) the person has no access to other moneys adequate for the
719	719	payment of criminal counsel; and
720	720	(3) the interest in property to be released is not subject to any claim
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764	764	other than the forfeiture.
765	765	(f) If the court finds that there is no probable cause for forfeiture of
766	766	the property, the court shall order the property released pursuant to
767	767	subsection (c). If the seizing agency does not contest the hearing, the court
768	768	may release a reasonable amount of property for the payment of the
769	769	applicant's criminal defense costs. Property that has been released by the
770	770	court and that has been paid for criminal defense services actually
771	771	rendered is exempt under this act.
772	772	(g) A defendant convicted in any criminal proceeding is precluded
773	773	from later denying the elements of the criminal offense of which the
774	774	defendant was convicted in any proceeding pursuant to this section. For
775	775	the purposes of this section, a conviction results from a verdict or plea of
776	776	guilty, including a plea of no contest or nolo contendere.
777	777	(h) (1) At any time following seizure pursuant to this act, the person
778	778	from whose possession or control of the property was seized may petition
779	779	the court to determine whether such forfeiture is unconstitutionally
780	780	excessive.
781	781	(2) The plaintiff's attorney has the burden of establishing that the
782	782	forfeiture is proportional to the seriousness of the offense giving rise to the
783	783	forfeiture beyond a reasonable doubt at a hearing conducted by the court
784	784	without a jury. Such hearing may be a component of the associated trial
785	785	instead of a separate hearing.
786	786	(3) In determining whether the forfeiture is unconstitutionally
787	787	excessive, the court may consider all relevant factors, including, but not
788	788	limited to:
789	789	(A) The seriousness of the offense;
790	790	(B) the extent to which the person whose possession or control of the
791	791	property was seized participated in the offense;
792	792	(C) the extent to which the property was used in committing the
793	793	offense;
794	794	(D) the sentence imposed for committing the offense giving rise to
795	795	forfeiture;
796	796	(E) the punitive nature of the forfeiture; and
797	797	(F) the fair market value of the property compared to the property
798	798	owner's net worth.
799	799	(i) In any proceeding under this act, if a claim is based on any
800	800	exemption provided for in this act, the burden of proving the existence of
801	801	the exemption is on the claimant, and is not necessary for the seizing
802	802	agency or plaintiff's attorney to negate the exemption in any application or
803	803	complaint.
804	804	(i)(j) In hearings and determinations pursuant to this section, the court
805	805	may receive and consider, in making any determination of probable cause
806	806	or reasonable cause, all evidence admissible in determining probable cause
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850	850	at a preliminary hearing or in the issuance of a search warrant, together
851	851	with inferences therefrom.
852	852	(j)(k) The totality of the circumstances shall determine if the property
853	853	of a person is subject to forfeiture under this act. Factors that may be
854	854	considered include, but are not limited to, the following:
855	855	(1) The person has engaged in conduct an offense giving rise to
856	856	forfeiture;
857	857	(2) the property was acquired by the person during that period of the
858	858	conduct offense giving rise to forfeiture or within a reasonable time after
859	859	the period;
860	860	(3) there was no likely source for the property other than the conduct
861	861	offense giving rise to forfeiture; and
862	862	(4) the proximity to contraband or an instrumentality giving rise to
863	863	forfeiture.
864	864	(k)(l) A finding that property is the proceeds of conduct an offense
865	865	giving rise to forfeiture does not require proof the property is the proceeds
866	866	of any particular exchange or transaction.
867	867	(l)(m) A person who acquires any property subject to forfeiture is a
868	868	constructive trustee of the property, and such property's fruits, for the
869	869	benefit of the seizing agency, to the extent that such agency's interest is not
870	870	exempt from forfeiture. If property subject to forfeiture has been
871	871	commingled with other property, the court shall order the forfeiture of the
872	872	mingled property and of any fruits of the mingled property, to the extent of
873	873	the property subject to forfeiture, unless an owner or interest holder proves
874	874	that specified property does not contain property subject to forfeiture, or
875	875	that such owner's or interest holder's interest in specified property is
876	876	exempt from forfeiture.
877	877	(m)(n) All property declared forfeited under this act vests in the law
878	878	enforcement agency seeking forfeiture on the date of commission of the
879	879	conduct offense giving rise to forfeiture together with the proceeds of the
880	880	property after that time. Any such property or proceeds subsequently
881	881	transferred to any person remain subject to forfeiture and thereafter shall
882	882	be ordered forfeited unless the transferee acquired the property in good
883	883	faith, for value, and was not knowingly taking part in an illegal
884	884	transaction, and the transferee's interest is exempt under K.S.A. 60-4106,
885	885	and amendments thereto.
886	886	(n) An acquittal or dismissal in a criminal proceeding shall not
887	887	preclude civil proceedings under this act, nor give rise to any presumption
888	888	adverse or contrary to any fact alleged by the seizing agency.
889	889	(o) On motion, the court shall stay discovery against the criminal
890	890	defendant and against the seizing agency in civil proceedings during a
891	891	related criminal proceeding alleging the same conduct, after making
892	892	provision to prevent loss to any party resulting from the delay. Such a stay
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936	936	shall not be available pending any appeal by a defendant.
937	937	(p) Except as otherwise provided by this act, all proceedings
938	938	hereunder shall be governed by the rules of civil procedure pursuant to
939	939	K.S.A. 60-101 et seq., and amendments thereto.
940	940	(q) An action pursuant to this act shall be consolidated with any other
941	941	action or proceeding pursuant to this act or to such other foreclosure or
942	942	trustee sale proceedings relating to the same property on motion of the
943	943	plaintiff's attorney, and may be consolidated on motion of an owner or
944	944	interest holder.
945	945	Sec. 6. K.S.A. 2022 Supp. 60-4113 is hereby amended to read as
946	946	follows: 60-4113. (a) A judicial in rem forfeiture proceeding brought by
947	947	the plaintiff's attorney pursuant to a notice of pending forfeiture or verified
948	948	petition for forfeiture is also subject to the provisions of this section. If a
949	949	forfeiture is authorized by this act, it such forfeiture shall be ordered by the
950	950	court in the in rem action.
951	951	(b) An action in rem may be brought by the plaintiff's attorney in
952	952	addition to, or in lieu of, civil in personam forfeiture procedures. The
953	953	seizing agency may serve the complaint in the manner provided by K.S.A.
954	954	60-4109(a)(3), and amendments thereto, or as provided by the rules of
955	955	civil procedure.
956	956	(c) Only an owner of or an interest holder in the property who has
957	957	timely filed a proper claim may file an answer in an action in rem. For the
958	958	purposes of this section, an owner of or interest holder in property who has
959	959	filed a claim and answer shall be referred to as a claimant.
960	960	(d) The answer shall be signed by the claimant under penalty of
961	961	perjury, K.S.A. 2022 Supp. 21-5903, and amendments thereto, shall
962	962	otherwise be in accordance with the rules of civil procedure on answers
963	963	and shall also set forth the following:
964	964	(1) The caption of the proceedings and identifying number, if any, as
965	965	set forth on the notice of pending forfeiture or complaint and the name of
966	966	the claimant;
967	967	(2) the address where the claimant will accept mail;
968	968	(3) the nature and extent of the claimant's interest in the property; and
969	969	(4) a detailed description of when and how the claimant obtained an
970	970	interest in the property.
971	971	(e) Substantial compliance with subsection (d) shall be deemed
972	972	sufficient.
973	973	(f) It is permissible to assert the right against self-incrimination in an
974	974	answer. If a claimant asserts the right, the court, in the court's discretion,
975	975	may draw an adverse inference from the assertion against the claimant.
976	976	The adverse inference shall not, by itself, be the basis of a judgment
977	977	against the claimant.
978	978	(g) The answer shall be filed within 21 days after service of the civil
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1022	1022	in rem complaint.
1023	1023	(h) The issue shall be determined by the court alone. The plaintiff's
1024	1024	attorney shall have the initial burden of proving beyond a reasonable
1025	1025	doubt that the interest in the property is subject to forfeiture by a
1026	1026	preponderance of the evidence. If the state proves the interest in the
1027	1027	property is subject to forfeiture, the claimant has the burden of showing by
1028	1028	a preponderance of the evidence that the claimant has an interest in the
1029	1029	property which that is not subject to forfeiture.
1030	1030	(i) If the plaintiff's attorney fails to meet the burden of proof for
1031	1031	forfeiture, or a claimant establishes by a preponderance of the evidence
1032	1032	that the claimant has an interest that is exempt under the provisions of
1033	1033	K.S.A. 60-4106, and amendments thereto, the court shall order the interest
1034	1034	in the property returned or conveyed to the claimant. The court shall order
1035	1035	all other property forfeited to the seizing agency and conduct further
1036	1036	proceedings pursuant to K.S.A. 60-4116 and 60-4117, and amendments
1037	1037	thereto.
1038	1038	Sec. 7. K.S.A. 2022 Supp. 60-4114 is hereby amended to read as
1039	1039	follows: 60-4114. (a) (1) A judicial in personam forfeiture proceeding
1040	1040	brought by the plaintiff's attorney pursuant to an in personam civil action
1041	1041	alleging conduct an offense giving rise to forfeiture is also subject to the
1042	1042	provisions of this section. If a forfeiture is authorized by this act, it such
1043	1043	forfeiture shall be ordered by the court in the in personam action. The
1044	1044	action shall be in addition to or in lieu of in rem forfeiture procedures.
1045	1045	(2) In any proceeding pursuant to this section, the court, on
1046	1046	application of the plaintiff's attorney, may enter any order authorized by
1047	1047	K.S.A. 60-4112, and amendments thereto.
1048	1048	(b) The court may issue a temporary restraining order in an action
1049	1049	under this section on application of the plaintiff's attorney, without notice
1050	1050	or an opportunity for a hearing, if the plaintiff's attorney demonstrates that:
1051	1051	(1) There is probable cause to believe that in the event of a final
1052	1052	judgment, the property involved would be subject to forfeiture under the
1053	1053	provisions of this act; and
1054	1054	(2) a provision of notice would jeopardize the availability of the
1055	1055	property for forfeiture.
1056	1056	(c) Notice of the issuance of a temporary restraining order and an
1057	1057	opportunity for a hearing shall be given to persons known to have an
1058	1058	interest in the property. A hearing shall be held at the earliest possible date
1059	1059	in accordance with the applicable civil rule and shall be limited to the
1060	1060	issues of whether:
1061	1061	(1) There is a probability that the seizing agency will prevail on the
1062	1062	issue of forfeiture and that failure to enter the order could result in the
1063	1063	property being destroyed, conveyed, alienated, encumbered, further
1064	1064	encumbered, disposed of, purchased, received, removed from the
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1108	1108	jurisdiction of the court, concealed, or otherwise made unavailable for
1109	1109	forfeiture; and
1110	1110	(2) the need to preserve the availability of property through the entry
1111	1111	of the requested order outweighs the hardship on any owner or interest
1112	1112	holder against whom the order is to be entered.
1113	1113	(d) OnThe plaintiff's attorney shall have the burden of proving
1114	1114	beyond a reasonable doubt that the interest in the property is subject to
1115	1115	forfeiture. If the state proves that the interest in the property is subject to
1116	1116	forfeiture, the court shall make a determination of liability of a person for
1117	1117	conduct an offense giving rise to forfeiture under this act,. If the court
1118	1118	makes a determination of liability, the court shall enter a judgment of
1119	1119	forfeiture of the property found to be subject to forfeiture described in the
1120	1120	complaint and shall also authorize the plaintiff's attorney or any law
1121	1121	enforcement officer to seize all property ordered forfeited which was not
1122	1122	previously seized or is not then under seizure. Following the entry of an
1123	1123	order declaring the property forfeited, the court, on application of the
1124	1124	plaintiff's attorney, may enter any appropriate order to protect the interest
1125	1125	of the seizing agency in the property ordered forfeited.
1126	1126	(e) Following the entry of an order of forfeiture under subsection (d),
1127	1127	the plaintiff's attorney may give notice of pending forfeiture, in the manner
1128	1128	provided in K.S.A. 60-4109, and amendments thereto, to all owners and
1129	1129	interest holders who have not previously been given notice.
1130	1130	(f) An owner of or interest holder in property that has been forfeited
1131	1131	and whose claim is not precluded may file a claim as described in K.S.A.
1132	1132	60-4111, and amendments thereto, within 60 days after initial notice of
1133	1133	pending forfeiture or after notice under subsection (e), whichever is earlier.
1134	1134	If the seizing agency does not recognize the claimed exemption, the
1135	1135	plaintiff's attorney shall file a complaint and the court shall hold the
1136	1136	hearing and determine the claim, without a jury, in the manner provided
1137	1137	for in rem judicial forfeiture actions in K.S.A. 60-4113, and amendments
1138	1138	thereto.
1139	1139	(g) In accordance with findings made at the hearing, the court may
1140	1140	amend the order of forfeiture if the court determines that any claimant has
1141	1141	established by a preponderance of the evidence that the claimant has an
1142	1142	interest in the property and that the claimant's interest is exempt under
1143	1143	K.S.A. 60-4106, and amendments thereto.
1144	1144	(h) Except as provided in K.S.A. 60-4112(c), and amendments
1145	1145	thereto, no person claiming an interest in property subject to forfeiture
1146	1146	under this act may intervene in a trial or appeal of a criminal action or in
1147	1147	an in personam civil action involving the forfeiture of the property.
1148	1148	Sec. 8. K.S.A. 2022 Supp. 60-4117 is hereby amended to read as
1149	1149	follows: 60-4117. Except as provided in K.S.A. 65-7014, and amendments
1150	1150	thereto:
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1194	1194	(a) When property is forfeited under this act, the law enforcement
1195	1195	agency may:
1196	1196	(1) Retain such property for official use or transfer the custody or
1197	1197	ownership to any local, state or federal agency, subject to any lien
1198	1198	preserved by the court;
1199	1199	(2) destroy or use for investigative or training purposes, any illegal or
1200	1200	controlled substances and equipment or other contraband, provided that
1201	1201	materials necessary as evidence shall be preserved;
1202	1202	(3) sell property which that is not required by law to be destroyed and
1203	1203	which that is not harmful to the public:
1204	1204	(A) All property, except real property, designated by the seizing
1205	1205	agency to be sold shall be sold at public sale to the highest bidder for cash
1206	1206	without appraisal. The seizing agency shall first cause notice of the sale to
1207	1207	be made by publication at least once in an official county newspaper as
1208	1208	defined by K.S.A. 64-101, and amendments thereto. Such notice shall
1209	1209	include the time, place, and conditions of the sale and description of the
1210	1210	property to be sold. Nothing in this subsection shall prevent a state agency
1211	1211	from using the state surplus property system and such system's procedures
1212	1212	shall be sufficient to meet the requirements of this subsection.
1213	1213	(B) Real property may be sold pursuant to subsection (a)(3)(A), or
1214	1214	the seizing agency may contract with a real estate company, licensed in
1215	1215	this state, to list, advertise and sell such real property in a commercially
1216	1216	reasonable manner.
1217	1217	(C) No employee or public official of any agency involved in the
1218	1218	investigation, seizure or forfeiture of seized property may purchase or
1219	1219	attempt to purchase such property; or
1220	1220	(4) salvage the property, subject to any lien preserved by the court.
1221	1221	(b) When firearms are forfeited under this act, the firearms in the
1222	1222	discretion of the seizing agency, shall be destroyed, used within the seizing
1223	1223	agency for official purposes, traded to another law enforcement agency for
1224	1224	use within such agency or given to the Kansas bureau of investigation for
1225	1225	law enforcement, testing, comparison or destruction by the Kansas bureau
1226	1226	of investigation forensic laboratory.
1227	1227	(c) The proceeds of any sale shall be distributed in the following
1228	1228	order of priority:
1229	1229	(1) For satisfaction of any court preserved security interest or lien, or
1230	1230	in the case of a violation, as defined by K.S.A. 60-4104(i), and
1231	1231	amendments thereto, the proceeds shall be remitted to the state treasurer in
1232	1232	accordance with the provisions of K.S.A. 75-4215, and amendments
1233	1233	thereto. Upon receipt of such remittance, the state treasurer shall deposit
1234	1234	the entire amount into the state treasury to the credit of the medicaid fraud
1235	1235	reimbursement fund;
1236	1236	(2) thereafter, for payment of all proper expenses of the proceedings
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1280	1280	for forfeiture and disposition, including expenses of seizure, inventory,
1281	1281	appraisal, maintenance of custody, preservation of availability, advertising,
1282	1282	service of process, sale and court costs;
1283	1283	(3) reasonable attorney fees:
1284	1284	(A) If the plaintiff's attorney is a county or district attorney, an
1285	1285	assistant, or another governmental agency's attorney, fees shall not exceed
1286	1286	15% of the total proceeds, less the amounts of subsection (c)(1) and (2), in
1287	1287	an uncontested forfeiture nor 20% of the total proceeds, less the amounts
1288	1288	of subsection (c)(1) and (2), in a contested forfeiture. Such fees shall be
1289	1289	deposited in the county or city treasury and credited to the special
1290	1290	prosecutor's trust fund. Moneys in such fund shall not be considered a
1291	1291	source of revenue to meet normal operating expenditures, including salary
1292	1292	enhancement. Such fund shall be expended by the county or district
1293	1293	attorney, or other governmental agency's attorney through the normal
1294	1294	county or city appropriation system and shall be used for such additional
1295	1295	law enforcement and prosecutorial purposes as the county or district
1296	1296	attorney or other governmental agency's attorney deems appropriate,
1297	1297	including educational purposes. All moneys derived from past or pending
1298	1298	forfeitures shall be expended pursuant to this act. The board of county
1299	1299	commissioners shall provide adequate funding to the county or district
1300	1300	attorney's office to enable such office to enforce this act. Neither future
1301	1301	forfeitures nor the proceeds therefrom shall be used in planning or
1302	1302	adopting a county or district attorney's budget;
1303	1303	(B) if the plaintiff's attorney is the attorney general and the conduct
1304	1304	and offense giving rise to forfeiture is pursuant to K.S.A. 60-4104(i), and
1305	1305	amendments thereto, fees shall not exceed 15% of the total proceeds, less
1306	1306	the amounts of subsection (c)(1) and (2) in an uncontested forfeiture nor
1307	1307	20% of the total proceeds, less the amounts of subsection (c)(1) and (2) in
1308	1308	a contested forfeiture. Such fees shall be remitted to the state treasurer in
1309	1309	accordance with the provisions of K.S.A. 75-4215, and amendments
1310	1310	thereto. Upon receipt of each such remittance, the state treasurer shall
1311	1311	deposit the entire amount in the state treasury to the credit of the medicaid
1312	1312	fraud prosecution revolving fund. Moneys paid into the medicaid fraud
1313	1313	prosecution revolving fund pursuant to this subsection shall be
1314	1314	appropriated to the attorney general for use by the attorney general in the
1315	1315	investigation and prosecution of medicaid fraud and abuse; or
1316	1316	(C) if the plaintiff's attorney is a private attorney, such reasonable fees
1317	1317	shall be negotiated by the employing law enforcement agency;
1318	1318	(4) repayment of law enforcement funds expended in purchasing of
1319	1319	contraband or controlled substances, subject to any interagency agreement.
1320	1320	(d) Any proceeds remaining shall be credited as follows, subject to
1321	1321	any interagency agreement:
1322	1322	(1) If the law enforcement agency is a state agency, the entire amount
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1366	1366	shall be deposited in the state treasury and credited to such agency's state
1367	1367	forfeiture fund. There is hereby established in the state treasury the
1368	1368	following state funds: Kansas bureau of investigation state forfeiture fund,
1369	1369	Kansas attorney general's state medicaid fraud forfeiture fund, Kansas
1370	1370	highway patrol state forfeiture fund, Kansas department of corrections
1371	1371	state forfeiture fund and Kansas national guard counter drug state
1372	1372	forfeiture fund. Expenditures from the Kansas bureau of investigation state
1373	1373	forfeiture fund shall be made upon warrants of the director of accounts and
1374	1374	reports issued pursuant to vouchers approved by the attorney general or by
1375	1375	a person or persons designated by the attorney general. Expenditures from
1376	1376	the Kansas attorney general's state medicaid fraud forfeiture fund shall be
1377	1377	made upon warrants of the director of accounts and reports issued pursuant
1378	1378	to vouchers approved by the attorney general or by a person or persons
1379	1379	designated by the attorney general. Expenditures from the Kansas highway
1380	1380	patrol state forfeiture fund shall be made upon warrants of the director of
1381	1381	accounts and reports issued pursuant to vouchers approved by the
1382	1382	superintendent of the highway patrol or by a person or persons designated
1383	1383	by the superintendent. Expenditures from the Kansas department of
1384	1384	corrections state forfeiture fund shall be made upon warrants of the
1385	1385	director of accounts and reports issued pursuant to vouchers approved by
1386	1386	the secretary of the department of corrections or by a person or persons
1387	1387	designated by the secretary. Expenditures from the Kansas national guard
1388	1388	counter drug state forfeiture fund shall be made upon warrants of the
1389	1389	director of accounts and reports issued pursuant to vouchers approved by
1390	1390	the adjutant general of Kansas or by a person or persons designated by the
1391	1391	adjutant general.
1392	1392	(2) If the law enforcement agency is a city or county agency, the
1393	1393	entire amount shall be deposited in such city or county treasury and
1394	1394	credited to a special law enforcement trust fund.
1395	1395	(e) (1) Moneys in the Kansas bureau of investigation state forfeiture
1396	1396	fund, Kansas highway patrol state forfeiture fund, Kansas department of
1397	1397	corrections state forfeiture fund, the special law enforcement trust funds
1398	1398	and the Kansas national guard counter drug state forfeiture fund shall not
1399	1399	be considered a source of revenue to meet normal operating expenses.
1400	1400	Such funds shall be expended by the agencies or departments through the
1401	1401	normal city, county or state appropriation system and shall be used for
1402	1402	such special, additional law enforcement purposes specified in subsection
1403	1403	(e)(2) as the law enforcement agency head deems appropriate. Neither
1404	1404	future forfeitures nor the proceeds from such forfeitures shall be used in
1405	1405	planning or adopting a law enforcement agency's budget.
1406	1406	(2) Moneys in the funds described in subsection (e)(1) shall be used
1407	1407	only for the following special, additional law enforcement purposes:
1408	1408	(A) The support of investigations and operations that further the law
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1451	1451	43 SB 237 18
1452	1452	enforcement agency's goals or missions;
1453	1453	(B) the training of investigators, prosecutors and sworn and non-
1454	1454	sworn law enforcement personnel in any area that is necessary to perform
1455	1455	official law enforcement duties;
1456	1456	(C) the costs associated with the purchase, lease, construction,
1457	1457	expansion, improvement or operation of law enforcement or detention
1458	1458	facilities used or managed by the recipient agency;
1459	1459	(D) the costs associated with the purchase, lease, maintenance or
1460	1460	operation of law enforcement equipment for use by law enforcement
1461	1461	personnel that supports law enforcement activities;
1462	1462	(E) the costs associated with the purchase of multi-use equipment and
1463	1463	operations used by both law enforcement and non-law enforcement
1464	1464	personnel;
1465	1465	(F) the costs associated with a contract for a specific service that
1466	1466	supports or enhances law enforcement;
1467	1467	(G) the costs associated with travel and transportation to perform or
1468	1468	in support of law enforcement duties and activities;
1469	1469	(H) the costs associated with the purchase of plaques and certificates
1470	1470	for law enforcement personnel in recognition of a law enforcement
1471	1471	achievement, activity or training;
1472	1472	(I) the costs associated with conducting awareness programs by law
1473	1473	enforcement agencies;
1474	1474	(J) the costs associated with paying a state or local law enforcement
1475	1475	agency's matching contribution or share in a state or federal grant program
1476	1476	for items other than salaries;
1477	1477	(K) cash transfers from one state or local law enforcement agency to
1478	1478	another in support of the law enforcement agency's goals or missions; and
1479	1479	(L) transfers from a state or local law enforcement agency to a state,
1480	1480	county or local governmental agency or community non-profit
1481	1481	organization in support of the law enforcement agency's goals or missions.
1482	1482	(3) Moneys in the funds described in subsection (e)(1) shall be
1483	1483	separated and accounted for in a manner that allows accurate tracking and
1484	1484	reporting of deposits and expenditures of the following categories of
1485	1485	money:
1486	1486	(A) Proceeds from forfeiture credited to the fund pursuant to this
1487	1487	section;
1488	1488	(B) proceeds from pending forfeiture actions under this act; and
1489	1489	(C) proceeds from forfeiture actions under federal law.
1490	1490	(f) Moneys in the Kansas attorney general's medicaid fraud forfeiture
1491	1491	fund shall defray costs of the attorney general in connection with the
1492	1492	duties of investigating and prosecuting medicaid fraud and abuse.
1493	1493	(g) (1) If the law enforcement agency is a state agency, such agency
1494	1494	shall compile and submit a forfeiture fund report to the legislature on or
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1537	1537	43 SB 237 19
1538	1538	before February 1 of each year. Such report shall include, but not be
1539	1539	limited to: (A) The fund balance on December 1; and (B) the deposits and
1540	1540	expenditures for the previous 12-month period ending December 1.
1541	1541	(2) If the law enforcement agency is a city or county agency, such
1542	1542	agency shall compile and submit annually a special law enforcement trust
1543	1543	fund report to the entity that has budgetary authority over such agency and
1544	1544	such report shall specify, for such period, the type and approximate value
1545	1545	of the forfeited property received, the amount of any forfeiture proceeds
1546	1546	received and how any of those proceeds were expended.
1547	1547	(3) The provisions of this subsection shall expire on July 1, 2019
1548	1548	remitted to the state treasurer in accordance with the provisions of K.S.A.
1549	1549	75-4215, and amendments thereto. Upon receipt of each such remittance,
1550	1550	the state treasurer shall deposit the entire amount in the state treasury to
1551	1551	the credit of the state general fund.
1552	1552	Sec. 9. K.S.A. 2022 Supp. 60-4127 is hereby amended to read as
1553	1553	follows: 60-4127. (a) On or before July 1, 2019, The Kansas bureau of
1554	1554	investigation shall establish the Kansas asset seizure and forfeiture
1555	1555	repository. The repository shall gather information concerning each seizure
1556	1556	for forfeiture made by a seizing agency pursuant to the Kansas standard
1557	1557	asset seizure and forfeiture act including, but not limited to, the following:
1558	1558	(1) The name of the seizing agency or the name of the lead agency if
1559	1559	part of a multi-jurisdictional task force;
1560	1560	(2) the county where the seizure occurred;
1561	1561	(3) the date and time the seizure occurred;
1562	1562	(4) any applicable agency or district court case numbers for the
1563	1563	seizure;
1564	1564	(5) a description of the initiating law enforcement activity leading to
1565	1565	the seizure;
1566	1566	(6) a description of the specific location where the seizure occurred;
1567	1567	(7) the conduct or offense giving rise to the forfeiture;
1568	1568	(8) a description of the type of property seized and the estimated
1569	1569	value;
1570	1570	(9) a description of the type of contraband seized and the estimated
1571	1571	value;
1572	1572	(10) whether criminal charges were filed for an offense related to the
1573	1573	forfeiture and, if so, court and case number information for the criminal
1574	1574	charges;
1575	1575	(11) a description of the final disposition of the forfeiture action,
1576	1576	including a description of the disposition of any claim or exemption
1577	1577	asserted under this act;
1578	1578	(12) whether the forfeiture was transferred to the federal government
1579	1579	for disposition;
1580	1580	(13) the total cost of the forfeiture action, including attorney fees; and
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1623	1623	43 SB 237 20
1624	1624	(14) the total amount of proceeds from the forfeiture action,
1625	1625	specifying the amount received by the seizing agency and the amount
1626	1626	received by any other agency or person.
1627	1627	(b) On and after July 1, 2019, The Kansas bureau of investigation
1628	1628	shall maintain the repository and an associated public website that allows
1629	1629	the public to access all reports made pursuant to this section. On or before
1630	1630	July 1, 2019, The Kansas bureau of investigation shall promulgate rules
1631	1631	and regulations to implement this section.
1632	1632	(c) On and after July 1, 2019, Each seizing agency shall report
1633	1633	information concerning each seizure for forfeiture to the Kansas asset
1634	1634	seizure and forfeiture repository as required by this section and the rules
1635	1635	and regulations promulgated pursuant to this section. The prosecuting
1636	1636	attorney shall submit information concerning each forfeiture action to the
1637	1637	seizing agency within 30 days after the final disposition of the forfeiture.
1638	1638	The seizing agency shall submit the required information to the repository
1639	1639	within 60 days after the final disposition of the forfeiture.
1640	1640	(d) On or before February 1, 2020, and annually on or before
1641	1641	February 1 thereafterOn or before January 1, April 1, July 1 and October
1642	1642	1 each year, each law enforcement agency shall compile and submit a
1643	1643	forfeiture fund report to the Kansas asset seizure and forfeiture repository
1644	1644	as required by this section and the rules and regulations promulgated
1645	1645	pursuant to this section.
1646	1646	(1) If the law enforcement agency is a state agency, the report shall
1647	1647	include, but not be limited to:
1648	1648	(A) The agency's state forfeiture fund balance on January 1 and
1649	1649	December 31 of the preceding calendar year the last day of the
1650	1650	immediately preceding calendar quarter; and
1651	1651	(B) the total amount of the deposits and a listing, by category, of
1652	1652	expenditures from January 1 through December 31 of the preceding
1653	1653	calendar year during the immediately preceding calendar quarter.
1654	1654	(2) If the law enforcement agency is a city or county agency, the
1655	1655	report shall include, but not be limited to:
1656	1656	(A) The agency's special law enforcement trust fund balance on
1657	1657	January 1 and December 31 of the preceding calendar year the last day of
1658	1658	the immediately preceding calendar quarter; and
1659	1659	(B) the total amount of the deposits and a listing, by category, of
1660	1660	expenditures from January 1 through December 31 of the preceding
1661	1661	calendar year during the immediately preceding calendar quarter.
1662	1662	(3) The report shall separate and account for:
1663	1663	(A) Deposits and expenditures from proceeds from forfeiture credited
1664	1664	to the fund pursuant to K.S.A. 60-4117, and amendments thereto;
1665	1665	(B) deposits and expenditures from proceeds from forfeiture actions
1666	1666	under federal law; and
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1709	1709	43 SB 237 21
1710	1710	(C) amounts held by the agency related to pending forfeiture actions
1711	1711	under the Kansas standard asset seizure and forfeiture act.
1712	1712	(e) On March 1, 2020, and annually on March 1 thereafter February
1713	1713	1, May 1, August 1 and November 1 each year, the Kansas bureau of
1714	1714	investigation shall determine whether each agency's financial report
1715	1715	matches the agency's seizing report. If the Kansas bureau of investigation
1716	1716	determines that an agency's financial report does not substantially match
1717	1717	that agency's seizing report or the agency has not submitted a financial
1718	1718	report, the Kansas bureau of investigation shall notify such agency of the
1719	1719	difference in reports. Such agency shall correct the reporting error within
1720	1720	30 days. If the reporting error is not corrected within 30 days, the Kansas
1721	1721	bureau of investigation shall send such law enforcement agency, and the
1722	1722	county or district attorney for the county in which such law enforcement
1723	1723	agency is located, a certified letter notifying such agency that it is out of
1724	1724	compliance. Upon receipt of such letter, no forfeiture proceedings shall be
1725	1725	filed on property seized by such law enforcement agency. When such law
1726	1726	enforcement agency has achieved compliance with the reporting
1727	1727	requirements, the bureau shall send such law enforcement agency, and the
1728	1728	county or district attorney for the county in which such law enforcement
1729	1729	agency is located, a certified letter notifying such agency that it is in
1730	1730	compliance and forfeiture proceeding filings may continue pursuant to this
1731	1731	act. Annually, on or before April 15, the Kansas bureau of investigation
1732	1732	shall report to the legislature any law enforcement agencies in the state
1733	1733	that have failed to come into compliance with the reporting requirements
1734	1734	in subsection (d).
1735	1735	Sec. 10. K.S.A. 2022 Supp. 60-4104, 60-4105, 60-4106, 60-4109, 60-
1736	1736	4112, 60-4113, 60-4114, 60-4117 and 60-4127 are hereby repealed.
1737	1737	Sec. 11. This act shall take effect and be in force from and after its
1738	1738	publication in the statute book.
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