KS
Kansas Senate Bill SB458

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB458 Compare Versions

OldNewDifferences
1+Session of 2024
12 SENATE BILL No. 458
2-AN ACT concerning seizure and forfeiture of property; relating to the Kansas standard
3-asset seizure and forfeiture act; specifying that certain drug offenses do not give rise
4-to forfeiture under the act; providing limitations on state and local law enforcement
5-agency requests for federal adoption of a seizure under the act; requiring courts to
6-make a finding that forfeiture is not excessive; restricting actions prior to
7-commencement of forfeiture proceedings; requiring probable cause affidavit filing
8-and review to commence forfeiture proceedings; increasing the burden of proof
9-required to forfeit property to clear and convincing evidence; authorizing courts to
10-order payment of attorney fees and costs for certain claimants; requiring the Kansas
11-bureau of investigation to submit forfeiture fund financial reports to the legislature;
12-amending K.S.A. 2023 Supp. 60-4104, 60-4106, 60-4107, 60-4109, 60-4111, 60-
13-4112, 60-4113, 60-4116, 60-4117 and 60-4127 and repealing the existing sections.
3+By Committee on Judiciary
4+2-6
5+AN ACT concerning seizure and forfeiture of property; relating to the
6+Kansas standard asset seizure and forfeiture act; specifying that certain
7+drug offenses do not give rise to forfeiture under the act; requiring
8+courts to make a finding that forfeiture is not excessive; restricting
9+actions prior to commencement of forfeiture proceedings; requiring
10+probable cause affidavit filing and review to commence forfeiture
11+proceedings; increasing the burden of proof required to forfeit property
12+to clear and convincing evidence; providing persons involved in
13+forfeiture proceedings the ability to request a jury trial; authorizing
14+courts to order payment of attorney fees and costs for certain claimants;
15+requiring the Kansas bureau of investigation to submit forfeiture fund
16+financial reports to the legislature; amending K.S.A. 2023 Supp. 60-
17+4104, 60-4106, 60-4107, 60-4109, 60-4111, 60-4112, 60-4113, 60-
18+4114, 60-4116, 60-4117 and 60-4127 and repealing the existing
19+sections.
1420 Be it enacted by the Legislature of the State of Kansas:
15-Section 1. K.S.A. 2023 Supp. 60-4104 is hereby amended to read
16-as follows: 60-4104. Conduct and offenses giving rise to forfeiture
17-under this act, whether or not there is a prosecution or conviction
18-related to the offense, are:
19-(a) All offenses which statutorily and specifically authorize
20-forfeiture;
21-(b) violations involving controlled substances, as described in
22-K.S.A. 21-5701 through 21-5717 21-5703, 21-5705, 21-5707, 21-
23-5708(b), 21-5709(a), (b)(1), (c) and (d), 21-5710, 21-5713(a), 21-5714
24-and 21-5716, and amendments thereto;
21+Section 1. K.S.A. 2023 Supp. 60-4104 is hereby amended to read as
22+follows: 60-4104. Conduct and offenses giving rise to forfeiture under this
23+act, whether or not there is a prosecution or conviction related to the
24+offense, are:
25+(a) All offenses which statutorily and specifically authorize forfeiture;
26+(b) violations involving controlled substances, as described in K.S.A.
27+21-5701 through 21-5717 21-5703, 21-5705, 21-5707, 21-5708(b), 21-
28+5709(a), (b)(1), (c) and (d), 21-5710, 21-5713(a), 21-5714 and 21-5716,
29+and amendments thereto;
2530 (c) theft, as defined in K.S.A. 21-5801, and amendments thereto;
26-(d) criminal discharge of a firearm, as defined in K.S.A. 21-
27-6308(a)(1) and (a)(2), and amendments thereto;
28-(e) gambling, as defined in K.S.A. 21-6404, and amendments
29-thereto, and commercial gambling, as defined in K.S.A. 21-6406(a)(1),
30-and amendments thereto;
31+(d) criminal discharge of a firearm, as defined in K.S.A. 21-6308(a)
32+(1) and (a)(2), and amendments thereto;
33+(e) gambling, as defined in K.S.A. 21-6404, and amendments thereto,
34+and commercial gambling, as defined in K.S.A. 21-6406(a)(1), and
35+amendments thereto;
3136 (f) counterfeiting, as defined in K.S.A. 21-5825, and amendments
3237 thereto;
33-(g) unlawful possession or use of a scanning device or reencoder,
34-as described in K.S.A. 21-6108, and amendments thereto;
35-(h) medicaid fraud, as described in K.S.A. 21-5925 through 21-
36-5934, and amendments thereto;
37-(i) an act or omission occurring outside this state, which would be
38-a violation in the place of occurrence and would be described in this
39-section if the act occurred in this state, whether or not it is prosecuted in
40-any state;
41-(j) an act or omission committed in furtherance of any act or
42-omission described in this section including any inchoate or preparatory
43-offense, whether or not there is a prosecution or conviction related to
44-the act or omission;
38+(g) unlawful possession or use of a scanning device or reencoder, as
39+described in K.S.A. 21-6108, and amendments thereto;
40+1
41+2
42+3
43+4
44+5
45+6
46+7
47+8
48+9
49+10
50+11
51+12
52+13
53+14
54+15
55+16
56+17
57+18
58+19
59+20
60+21
61+22
62+23
63+24
64+25
65+26
66+27
67+28
68+29
69+30
70+31
71+32
72+33
73+34
74+35
75+36 SB 458 2
76+(h) medicaid fraud, as described in K.S.A. 21-5925 through 21-5934,
77+and amendments thereto;
78+(i) an act or omission occurring outside this state, which would be a
79+violation in the place of occurrence and would be described in this section
80+if the act occurred in this state, whether or not it is prosecuted in any state;
81+(j) an act or omission committed in furtherance of any act or omission
82+described in this section including any inchoate or preparatory offense,
83+whether or not there is a prosecution or conviction related to the act or
84+omission;
4585 (k) any solicitation or conspiracy to commit any act or omission
4686 described in this section, whether or not there is a prosecution or
4787 conviction related to the act or omission;
48-(l) terrorism, as defined in K.S.A. 21-5421, and amendments
49-thereto, illegal use of weapons of mass destruction, as defined in
50-K.S.A. 21-5422, and amendments thereto, and furtherance of terrorism
51-or illegal use of weapons of mass destruction, as described in K.S.A.
52-21-5423, and amendments thereto;
53-(m) unlawful conduct of dog fighting and unlawful possession of
54-dog fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b),
88+(l) terrorism, as defined in K.S.A. 21-5421, and amendments thereto,
89+illegal use of weapons of mass destruction, as defined in K.S.A. 21-5422,
90+and amendments thereto, and furtherance of terrorism or illegal use of
91+weapons of mass destruction, as described in K.S.A. 21-5423, and
92+amendments thereto;
93+(m) unlawful conduct of dog fighting and unlawful possession of dog
94+fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), and
95+amendments thereto;
96+(n) unlawful conduct of cockfighting and unlawful possession of
97+cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), and
98+amendments thereto;
99+(o) selling sexual relations, as defined in K.S.A. 21-6419, and
100+amendments thereto, promoting the sale of sexual relations, as defined in
101+K.S.A. 21-6420, and amendments thereto, and buying sexual relations, as
102+defined in K.S.A. 21-6421, and amendments thereto;
103+(p) human trafficking and aggravated human trafficking, as defined in
104+K.S.A. 21-5426, and amendments thereto;
105+(q) violations of the banking code, as described in K.S.A. 9-2012, and
106+amendments thereto;
107+(r) mistreatment of a dependent adult, as defined in K.S.A. 21-5417,
55108 and amendments thereto;
56-(n) unlawful conduct of cockfighting and unlawful possession of
57-cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b),
58-and amendments thereto;
59-(o) selling sexual relations, as defined in K.S.A. 21-6419, and
60-amendments thereto, promoting the sale of sexual relations, as defined
61-in K.S.A. 21-6420, and amendments thereto, and buying sexual SENATE BILL No. 458—page 2
62-relations, as defined in K.S.A. 21-6421, and amendments thereto;
63-(p) human trafficking and aggravated human trafficking, as
64-defined in K.S.A. 21-5426, and amendments thereto;
65-(q) violations of the banking code, as described in K.S.A. 9-2012,
66-and amendments thereto;
67-(r) mistreatment of a dependent adult, as defined in K.S.A. 21-
68-5417, and amendments thereto;
69109 (s) giving a worthless check, as defined in K.S.A. 21-5821, and
70110 amendments thereto;
71-(t) forgery, as defined in K.S.A. 21-5823, and amendments
72-thereto;
111+(t) forgery, as defined in K.S.A. 21-5823, and amendments thereto;
73112 (u) making false information, as defined in K.S.A. 21-5824, and
74113 amendments thereto;
75-(v) criminal use of a financial card, as defined in K.S.A. 21-5828,
76-and amendments thereto;
77-(w) unlawful acts concerning computers, as described in K.S.A.
78-21-5839, and amendments thereto;
79-(x) identity theft and identity fraud, as defined in K.S.A. 21-
80-6107(a) and (b), and amendments thereto;
114+(v) criminal use of a financial card, as defined in K.S.A. 21-5828, and
115+amendments thereto;
116+(w) unlawful acts concerning computers, as described in K.S.A. 21-
117+5839, and amendments thereto;
118+(x) identity theft and identity fraud, as defined in K.S.A. 21-6107(a)
119+1
120+2
121+3
122+4
123+5
124+6
125+7
126+8
127+9
128+10
129+11
130+12
131+13
132+14
133+15
134+16
135+17
136+18
137+19
138+20
139+21
140+22
141+23
142+24
143+25
144+26
145+27
146+28
147+29
148+30
149+31
150+32
151+33
152+34
153+35
154+36
155+37
156+38
157+39
158+40
159+41
160+42
161+43 SB 458 3
162+and (b), and amendments thereto;
81163 (y) electronic solicitation, as defined in K.S.A. 21-5509, and
82164 amendments thereto;
83-(z) felony violations of fleeing or attempting to elude a police
84-officer, as described in K.S.A. 8-1568, and amendments thereto;
85-(aa) commercial sexual exploitation of a child, as defined in
86-K.S.A. 21-6422, and amendments thereto;
165+(z) felony violations of fleeing or attempting to elude a police officer,
166+as described in K.S.A. 8-1568, and amendments thereto;
167+(aa) commercial sexual exploitation of a child, as defined in K.S.A.
168+21-6422, and amendments thereto;
87169 (bb) violations of the Kansas racketeer influenced and corrupt
88-organization act, as described in K.S.A. 21-6329, and amendments
89-thereto;
170+organization act, as described in K.S.A. 21-6329, and amendments thereto;
90171 (cc) indecent solicitation of a child and aggravated indecent
91172 solicitation of a child, as defined in K.S.A. 21-5508, and amendments
92173 thereto;
93-(dd) sexual exploitation of a child, as defined in K.S.A. 21-5510,
94-and amendments thereto; and
95-(ee) violation of a consumer protection order as defined in K.S.A.
96-21-6423, and amendments thereto.
174+(dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, and
175+amendments thereto; and
176+(ee) violation of a consumer protection order as defined in K.S.A. 21-
177+6423, and amendments thereto.
97178 Sec. 2. K.S.A. 2023 Supp. 60-4106 is hereby amended to read as
98-follows: 60-4106. (a) Except as provided in this subsection, all
99-property, including all interests in property, described in K.S.A. 60-
100-4105, and amendments thereto, is subject to forfeiture subject to all
101-mortgages, deeds of trust, financing statements or security agreements
102-properly of record prior to the forfeiture held by an interest holder
103-except that property specifically exempted hereunder:.
179+follows: 60-4106. (a) Except as provided in this subsection, all property,
180+including all interests in property, described in K.S.A. 60-4105, and
181+amendments thereto, is subject to forfeiture subject to all mortgages, deeds
182+of trust, financing statements or security agreements properly of record
183+prior to the forfeiture held by an interest holder except that property
184+specifically exempted hereunder:.
104185 (1) No real property or conveyance, or an interest therein, may be
105186 forfeited under this act unless the offense or conduct giving rise to
106187 forfeiture constitutes a felony.
107188 (2) No conveyance used by any person as a common carrier in the
108-transaction of business as a common carrier is subject to forfeiture
109-under this act unless the owner or other person in charge of the
110-conveyance is a consenting party or privy to a violation of this act.
111-(3) No property is subject to forfeiture under this act if the owner
112-or interest holder acquired the property before or during the conduct
113-giving rise to the property's forfeiture, and such owner or interest
114-holder:
115-(A) Did not know and could not have reasonably known of the act
116-or omission or that it was likely to occur; or
117-(B) acted reasonably to prevent the conduct giving rise to
118-forfeiture.
119-(4) No property is subject to forfeiture if the owner or interest
120-holder acquired the property after the conduct giving rise to the SENATE BILL No. 458—page 3
121-property's forfeiture, including acquisition of proceeds of conduct
122-giving rise to forfeiture, and such owner or interest holder:
189+transaction of business as a common carrier is subject to forfeiture under
190+this act unless the owner or other person in charge of the conveyance is a
191+consenting party or privy to a violation of this act.
192+(3) No property is subject to forfeiture under this act if the owner or
193+interest holder acquired the property before or during the conduct giving
194+rise to the property's forfeiture, and such owner or interest holder:
195+(A) Did not know and could not have reasonably known of the act or
196+omission or that it was likely to occur; or
197+(B) acted reasonably to prevent the conduct giving rise to forfeiture.
198+(4) No property is subject to forfeiture if the owner or interest holder
199+acquired the property after the conduct giving rise to the property's
200+forfeiture, including acquisition of proceeds of conduct giving rise to
201+forfeiture, and such owner or interest holder:
123202 (A) Acquired the property in good faith, for value; and
124203 (B) was not knowingly taking part in an illegal transaction.
125-(5) (A) An interest in property acquired in good faith by an
126-attorney as reasonable payment or to secure payment for legal services
127-in a criminal matter relating to violations of this act or for the
128-reimbursement of reasonable expenses related to the legal services is
129-exempt from forfeiture unless before the interest was acquired the
130-attorney knew of a judicial determination of probable cause that the
131-property is subject to forfeiture.
132-(B) The state bears the burden of proving that an exemption
133-claimed under this section is not applicable. Evidence made available
134-by the compelled disclosure of confidential communications between
135-an attorney and a client other than nonprivileged information relating to
136-attorney fees, is not admissible to satisfy the state's burden of proof.
204+(5) (A) An interest in property acquired in good faith by an attorney
205+1
206+2
207+3
208+4
209+5
210+6
211+7
212+8
213+9
214+10
215+11
216+12
217+13
218+14
219+15
220+16
221+17
222+18
223+19
224+20
225+21
226+22
227+23
228+24
229+25
230+26
231+27
232+28
233+29
234+30
235+31
236+32
237+33
238+34
239+35
240+36
241+37
242+38
243+39
244+40
245+41
246+42
247+43 SB 458 4
248+as reasonable payment or to secure payment for legal services in a criminal
249+matter relating to violations of this act or for the reimbursement of
250+reasonable expenses related to the legal services is exempt from forfeiture
251+unless before the interest was acquired the attorney knew of a judicial
252+determination of probable cause that the property is subject to forfeiture.
253+(B) The state bears the burden of proving that an exemption claimed
254+under this section is not applicable. Evidence made available by the
255+compelled disclosure of confidential communications between an attorney
256+and a client other than nonprivileged information relating to attorney fees,
257+is not admissible to satisfy the state's burden of proof.
137258 (b) Notwithstanding subsection (a), property is not exempt from
138-forfeiture, even though the owner or interest holder lacked knowledge
139-or reason to know that the conduct giving rise to property's forfeiture
140-had occurred or was likely to occur, if the:
259+forfeiture, even though the owner or interest holder lacked knowledge or
260+reason to know that the conduct giving rise to property's forfeiture had
261+occurred or was likely to occur, if the:
141262 (1) Person whose conduct gave rise to the property's forfeiture had
142-authority to convey the property of the person claiming the exemption
143-to a good faith purchaser for value at the time of the conduct;
144-(2) owner or interest holder is criminally responsible for the
145-conduct giving rise to the property's forfeiture, whether or not there is a
146-prosecution or conviction; or
147-(3) owner or interest holder acquired the property with notice of
148-the property's actual or constructive seizure for forfeiture under this act,
149-or with reason to believe that the property was subject to forfeiture
150-under this act.
263+authority to convey the property of the person claiming the exemption to a
264+good faith purchaser for value at the time of the conduct;
265+(2) owner or interest holder is criminally responsible for the conduct
266+giving rise to the property's forfeiture, whether or not there is a prosecution
267+or conviction; or
268+(3) owner or interest holder acquired the property with notice of the
269+property's actual or constructive seizure for forfeiture under this act, or
270+with reason to believe that the property was subject to forfeiture under this
271+act.
151272 (c) Prior to final judgment in a judicial forfeiture proceeding, a the
152-court shall limit the scope of a proposed forfeiture to the extent the
153-court finds the effect of the forfeiture is grossly disproportionate to the
154-nature and severity of the owner's conduct including, but not limited to,
155-a consideration of any of the following factors:
273+court shall limit the scope of a proposed forfeiture to the extent the court
274+finds the effect of the forfeiture is grossly disproportionate to the nature
275+and severity of the owner's conduct including, but not limited to, a
276+consideration of any of the following factors:
156277 (1) The gain received or expected to be received by an owner from
157278 conduct that allows forfeiture;
158279 (2) the value of the property subject to forfeiture;
159-(3) the extent to which the property actually facilitated the
160-criminal conduct;
280+(3) the extent to which the property actually facilitated the criminal
281+conduct;
161282 (4) the nature and extent of the owner's knowledge of the role of
162-others in the conduct that allows forfeiture of the property and efforts
163-of the owner to prevent the conduct; and
283+others in the conduct that allows forfeiture of the property and efforts of
284+the owner to prevent the conduct; and
164285 (5) the totality of the circumstances regarding the investigation
165-determine whether the proposed forfeiture is unconstitutionally
166-excessive pursuant to K.S.A. 60-4112(g), and amendments thereto, if
167-the court has not made such determination earlier in the proceeding as
168-a result of a petition filed pursuant to K.S.A. 60-4112(g), and
169-amendments thereto.
286+determine whether the proposed forfeiture is unconstitutionally excessive
287+pursuant to K.S.A. 60-4112(g), and amendments thereto, if the court has
288+not made such determination earlier in the proceeding as a result of a
289+petition filed pursuant to K.S.A. 60-4112(g), and amendments thereto.
170290 Sec. 3. K.S.A. 2023 Supp. 60-4107 is hereby amended to read as
291+1
292+2
293+3
294+4
295+5
296+6
297+7
298+8
299+9
300+10
301+11
302+12
303+13
304+14
305+15
306+16
307+17
308+18
309+19
310+20
311+21
312+22
313+23
314+24
315+25
316+26
317+27
318+28
319+29
320+30
321+31
322+32
323+33
324+34
325+35
326+36
327+37
328+38
329+39
330+40
331+41
332+42
333+43 SB 458 5
171334 follows: 60-4107. (a) Property may be seized for forfeiture by a law
172335 enforcement officer upon process issued by the district court. The court
173-may issue a seizure warrant on an affidavit under oath demonstrating
174-that probable cause exists for the property's forfeiture or that the
175-property has been the subject of a previous final judgment of forfeiture
176-in the courts of any state or of the United States. The court may order
177-that the property be seized on such terms and conditions as are
178-reasonable in the discretion of the court. The order may be made on or
179-in connection with a search warrant. All real property is to be seized SENATE BILL No. 458—page 4
180-constructively or pursuant to a pre-seizure adversarial judicial
181-determination of probable cause, except that this determination may be
182-done ex parte when the attorney for the state has demonstrated exigent
183-circumstances to the court.
184-(b) Property may be seized for forfeiture by a law enforcement
185-officer without process on probable cause to believe the property is
186-subject to forfeiture under this act.
336+may issue a seizure warrant on an affidavit under oath demonstrating that
337+probable cause exists for the property's forfeiture or that the property has
338+been the subject of a previous final judgment of forfeiture in the courts of
339+any state or of the United States. The court may order that the property be
340+seized on such terms and conditions as are reasonable in the discretion of
341+the court. The order may be made on or in connection with a search
342+warrant. All real property is to be seized constructively or pursuant to a
343+pre-seizure adversarial judicial determination of probable cause, except
344+that this determination may be done ex parte when the attorney for the
345+state has demonstrated exigent circumstances to the court.
346+(b) Property may be seized for forfeiture by a law enforcement officer
347+without process on probable cause to believe the property is subject to
348+forfeiture under this act.
187349 (c) Property may be seized constructively by:
188350 (1) Posting notice of seizure for forfeiture or notice of pending
189351 forfeiture on the property.
190352 (2) Giving notice pursuant to K.S.A. 60-4109, and amendments
191353 thereto.
192354 (3) Filing or recording in the public records relating to that type of
193355 property notice of seizure for forfeiture, notice of pending forfeiture, a
194-forfeiture lien or a lis pendens. Filings or recordings made pursuant to
195-this act are not subject to a filing fee or other charge, except that court
196-costs may be assessed and, if assessed, shall include the amount of the
197-docket fee prescribed by K.S.A. 60-2001, and amendments thereto, and
198-any additional court costs accrued in the action.
199-(d) The seizing agency shall make reasonable effort to provide
200-notice of the seizure to the person from whose whom possession or
201-control of the property was seized and any interest holder of record
202-within 30 days of seizing the property. If no person is in possession or
203-control, the seizing agency may attach the notice to the property or to
204-the place of the property's seizure or may make a reasonable effort to
205-deliver the notice to the owner of the property. The notice shall contain
206-a general description of the property seized, the date and place of
207-seizure, the name of the seizing agency and the address and telephone
208-number of the seizing officer or other person or agency from whom
209-information about the seizure may be obtained.
356+forfeiture lien or a lis pendens. Filings or recordings made pursuant to this
357+act are not subject to a filing fee or other charge, except that court costs
358+may be assessed and, if assessed, shall include the amount of the docket
359+fee prescribed by K.S.A. 60-2001, and amendments thereto, and any
360+additional court costs accrued in the action.
361+(d) The seizing agency shall make reasonable effort to provide notice
362+of the seizure to the person from whose whom possession or control of the
363+property was seized and any interest holder of record within 30 days of
364+seizing the property. If no person is in possession or control, the seizing
365+agency may attach the notice to the property or to the place of the
366+property's seizure or may make a reasonable effort to deliver the notice to
367+the owner of the property. The notice shall contain a general description of
368+the property seized, the date and place of seizure, the name of the seizing
369+agency and the address and telephone number of the seizing officer or
370+other person or agency from whom information about the seizure may be
371+obtained.
210372 (e) A person who acts in good faith and in a reasonable manner to
211-comply with an order of the court or a request of a law enforcement
212-officer is not liable to any person on account of acts done in reasonable
213-compliance with the order or request. No liability may attach from the
214-fact that a person declines a law enforcement officer's request to deliver
373+comply with an order of the court or a request of a law enforcement officer
374+is not liable to any person on account of acts done in reasonable
375+compliance with the order or request. No liability may attach from the fact
376+that a person declines a law enforcement officer's request to deliver
377+1
378+2
379+3
380+4
381+5
382+6
383+7
384+8
385+9
386+10
387+11
388+12
389+13
390+14
391+15
392+16
393+17
394+18
395+19
396+20
397+21
398+22
399+23
400+24
401+25
402+26
403+27
404+28
405+29
406+30
407+31
408+32
409+33
410+34
411+35
412+36
413+37
414+38
415+39
416+40
417+41
418+42
419+43 SB 458 6
215420 property.
216-(f) A possessory lien of a person from whose whom possession of
217-the property is seized is not affected by the seizure.
218-(g) When property is seized for forfeiture under this act, the
219-seizing agency shall, within 45 days of 14 days after such seizure,
220-forward to the county or district attorney in whose jurisdiction the
221-seizure occurred, a written request for forfeiture which shall include a
222-statement of facts and circumstances of the seizure, the estimated value
223-of the property, the owner and lienholder of the property, the amount of
224-any lien, and a summary of the facts relied on for forfeiture.
421+(f) A possessory lien of a person from whose whom possession of the
422+property is seized is not affected by the seizure.
423+(g) When property is seized for forfeiture under this act, the seizing
424+agency shall, within 45 days of 14 days after such seizure, forward to the
425+county or district attorney in whose jurisdiction the seizure occurred, a
426+written request for forfeiture which shall include a statement of facts and
427+circumstances of the seizure, the estimated value of the property, the
428+owner and lienholder of the property, the amount of any lien, and a
429+summary of the facts relied on for forfeiture.
225430 (h) (1) Upon receipt of a written request for forfeiture from a local
226431 law enforcement agency, the county or district attorney shall accept or
227432 decline the request within 14 days. If
228433 (2) Upon the expiration of the 14-day time limitation provided in
229434 paragraph (1) or upon notification that the county or district attorney
230-declines such request, or fails to answer whichever occurs first, the
231-seizing agency may has 14 days to:
232-(1)(A) Request a state law enforcement agency that enforces this
233-act to adopt the forfeiture; or
234-(2)(B) engage an attorney, approved by the county or district
235-attorney, to represent the agency in the forfeiture proceeding, but in no
236-event shall the county or district attorney approve an attorney with
237-whom the county or district attorney has a financial interest, either
238-directly or indirectly. SENATE BILL No. 458—page 5
435+declines such request, or fails to answer whichever occurs first, the seizing
436+agency may has 14 days to:
437+(1)(A) Request a state law enforcement agency that enforces this act
438+to adopt the forfeiture; or
439+(2)(B) engage an attorney, approved by the county or district attorney,
440+to represent the agency in the forfeiture proceeding, but in no event shall
441+the county or district attorney approve an attorney with whom the county
442+or district attorney has a financial interest, either directly or indirectly.
239443 (3) Upon the expiration of the 14-day time limitation provided in
240444 paragraph (2), if a state law enforcement agency has not adopted the
241-forfeiture or the seizing agency has not engaged an attorney to
242-represent the agency, the property that was seized for forfeiture shall be
243-returned within 30 days to the owner or interest holder or as provided
244-for the same kind of property in K.S.A. 22-2512, and amendments
245-thereto.
246-(i) (1) Upon receipt of a written request for forfeiture from a state
247-law enforcement agency, the county or district attorney shall accept or
248-decline the request within 14 days. If
445+forfeiture or the seizing agency has not engaged an attorney to represent
446+the agency, the property that was seized for forfeiture shall be returned
447+within 30 days to the owner or interest holder or as provided for the same
448+kind of property in K.S.A. 22-2512, and amendments thereto.
449+(i) (1) Upon receipt of a written request for forfeiture from a state law
450+enforcement agency, the county or district attorney shall accept or decline
451+the request within 14 days. If
249452 (2) Upon the expiration of the 14-day time limitation provided in
250453 paragraph (1) or upon notification that the county or district attorney
251-declines such request, or fails to answer whichever occurs first, the
252-seizing agency may has 14 days to engage an assistant attorney general
253-or other attorney approved by the attorney general to represent the
254-agency in the forfeiture proceeding, but in no event shall the attorney
255-general approve an attorney with whom the attorney general has a
256-financial interest, either directly or indirectly.
454+declines such request, or fails to answer whichever occurs first, the seizing
455+agency may has 14 days to engage an assistant attorney general or other
456+attorney approved by the attorney general to represent the agency in the
457+forfeiture proceeding, but in no event shall the attorney general approve an
458+attorney with whom the attorney general has a financial interest, either
459+directly or indirectly.
257460 (3) Upon the expiration of the 14-day time limitation provided in
258461 paragraph (2), if the seizing agency has not engaged an attorney to
259462 represent the agency, the property that was seized for forfeiture shall be
260-returned within 30 days to the owner or interest holder or as provided
261-for the same kind of property in K.S.A. 22-2512, and amendments
262-thereto.
263-(j) Nothing in subsection (h) or (i) shall affect the time limitations
264-for initiating or filing a forfeiture proceeding pursuant to K.S.A. 60-
265-4109, and amendments thereto.
463+1
464+2
465+3
466+4
467+5
468+6
469+7
470+8
471+9
472+10
473+11
474+12
475+13
476+14
477+15
478+16
479+17
480+18
481+19
482+20
483+21
484+22
485+23
486+24
487+25
488+26
489+27
490+28
491+29
492+30
493+31
494+32
495+33
496+34
497+35
498+36
499+37
500+38
501+39
502+40
503+41
504+42
505+43 SB 458 7
506+returned within 30 days to the owner or interest holder or as provided for
507+the same kind of property in K.S.A. 22-2512, and amendments thereto.
508+(j) Nothing in subsection (h) or (i) shall affect the time limitations for
509+initiating or filing a forfeiture proceeding pursuant to K.S.A. 60-4109, and
510+amendments thereto,
266511 (k) A county or district attorney or the attorney general shall not
267512 request or receive any referral fee or personal financial benefit, either
268513 directly or indirectly, in any proceeding conducted under this act.
269514 (k)(l) Nothing in this act shall prevent the attorney general, an
270515 employee of the attorney general or an authorized representative of the
271516 attorney general from conducting forfeiture proceedings under this act.
272-(l)(m) (1) Nothing in this act shall prevent a seizing agency from
273-requesting federal adoption of a seizure. A state or local law
274-enforcement agency may request federal adoption of a seizure pursuant
275-to this act or otherwise transfer or refer seized property to a federal
276-agency only if:
277-(A) The seizure by the agency occurs pursuant to a joint task force
278-with federal law enforcement authorities;
279-(B) the seizure by the agency occurs pursuant to a joint
280-investigation with federal law enforcement authorities as part of an
281-ongoing federal investigation;
282-(C) the agency makes such request in conjunction with a request
283-for federal law enforcement authorities to adopt the criminal
284-investigation relating to the seizure;
285-(D) the property seized by the agency is subsequently seized
286-pursuant to a federal seizure warrant, obtained from a federal court to
287-take custody of assets originally seized under state law;
288-(E) the property seized by the agency directly relates to a serious
289-public safety concern; or
290-(F) the gross estimated value of the property seized by the agency
291-is $25,000 or more.
292-(2) Subject to the requirements of paragraph (1), it shall not be
293-necessary to obtain any order pursuant to K.S.A. 22-2512, and
294-amendments thereto, to release any seized property to a federal agency
295-if the county or district attorney approves of such transfer.
517+(l)(m) Nothing in this act shall prevent a seizing agency from
518+requestingNo law enforcement agency shall request federal adoption of a
519+seizure pursuant to this act. It shall not be necessary to obtain any order
520+pursuant to K.S.A. 22-2512, and amendments thereto, to release any seized
521+property to a federal agency if the county or district attorney approves of
522+such transfer.
296523 (m)(n) Nothing in this act shall prevent a seizing agency, or the
297-plaintiff's attorney on behalf of the seizing agency, from settling any SENATE BILL No. 458—page 6
524+plaintiff's attorney on behalf of the seizing agency, from settling any
298525 alleged forfeiture claim against property before or during forfeiture
299-proceedings. Such settlement shall be in writing and shall be approved,
300-if a local agency, by the county or district attorney or, if a state agency,
301-by the attorney general's office and a district court judge. No hearing or
302-other proceeding shall be necessary. The records of settlements
303-occurring prior to commencement of judicial forfeiture proceedings in
304-the district court shall be retained by the county or district attorney for
305-not less than five years.
526+proceedings. Such settlement shall be in writing and shall be approved, if a
527+local agency, by the county or district attorney or, if a state agency, by the
528+attorney general's office and a district court judge. No hearing or other
529+proceeding shall be necessary. The records of settlements occurring prior
530+to commencement of judicial forfeiture proceedings in the district court
531+shall be retained by the county or district attorney for not less than five
532+years.
306533 (n)(o) Settlements under this act shall not be conditioned upon any
307534 disposition of criminal charges.
308-(p) When property is seized for forfeiture under this act, the
309-seizing agency shall not request, induce or otherwise coerce a person
310-who has at any time asserted rights as an owner or interest holder of
311-such property to waive in writing such rights in the property until
312-forfeiture proceedings are commenced pursuant to K.S.A. 60-4109, and
313-amendments thereto.
535+(p) When property is seized for forfeiture under this act, the seizing
536+agency shall not request, induce or otherwise coerce a person who has at
537+any time asserted rights as an owner or interest holder of such property to
538+waive in writing such rights in the property until forfeiture proceedings
539+are commenced pursuant to K.S.A. 60-4109, and amendments thereto.
314540 Sec. 4. K.S.A. 2023 Supp. 60-4109 is hereby amended to read as
315-follows: 60-4109. (a) (1) (A) Forfeiture proceedings shall be
316-commenced by filing:
317-(i) A notice of pending forfeiture or a judicial forfeiture action:;
318-and
319-(ii) an affidavit describing the probable cause supporting
320-forfeiture.
321-(B) After an affidavit is filed under this section, further
322-proceedings shall occur only after a judge of the district court has
323-determined from the affidavit that there is probable cause to believe
324-that the property is subject to forfeiture pursuant to K.S.A. 60-4105,
325-and amendments thereto.
326-(1)(2) If the plaintiff's attorney fails to initiate forfeiture
327-proceedings by notice of pending forfeiture within 90 days against
328-property seized for forfeiture or if the seizing agency fails to pursue
329-forfeiture of the property upon which a proper claim has been timely
330-filed by filing a judicial forfeiture proceeding within 90 days after
331-notice of pending forfeiture, the property shall be released on the
332-request of an owner or interest holder to such owner's or interest
333-holder's custody, as custodian for the court, pending further
334-proceedings pursuant to this act. Such custodianship shall not exceed
335-90 days following the release to the owner or interest holder unless an
336-extension is authorized by the court for good cause shown.
337-(2)(3) If, after notice of pending forfeiture, a claimant files a
338-petition for recognition of exemption pursuant to K.S.A. 60-4110, and
339-amendments thereto, the plaintiff's attorney may delay filing the
340-judicial forfeiture proceeding for a total of 180 days after the notice of
341-pending forfeiture except that if an interest holder timely files a proper
342-petition documenting the complete nature and extent of such holder's
343-interest, including all of the contractual terms and current status, the
344-plaintiff's attorney may delay filing a judicial forfeiture proceeding only
345-if such attorney provides each such petitioner with a written recognition
346-of exemption within 60 days after the effective date of the notice of
347-pending forfeiture, recognizing the interest of such petitioner to the
348-extent of documented outstanding principal plus interest at the contract
349-rate until paid and any attorney fees ordered by a court pursuant to such
350-contract.
351-(3)(4) Whenever notice of pending forfeiture or service of an in
352-rem complaint or notice of a recognition of exemption and statement of
541+follows: 60-4109. (a) (1) (A) Forfeiture proceedings shall be commenced
542+by filing:
543+(i) A notice of pending forfeiture or a judicial forfeiture action:; and
544+(ii) an affidavit describing the probable cause supporting forfeiture.
545+(B) After an affidavit is filed under this section, further proceedings
546+shall occur only after a judge of the district court has determined from the
547+affidavit that there is probable cause to believe that the property is subject
548+to forfeiture pursuant to K.S.A. 60-4105, and amendments thereto.
549+1
550+2
551+3
552+4
553+5
554+6
555+7
556+8
557+9
558+10
559+11
560+12
561+13
562+14
563+15
564+16
565+17
566+18
567+19
568+20
569+21
570+22
571+23
572+24
573+25
574+26
575+27
576+28
577+29
578+30
579+31
580+32
581+33
582+34
583+35
584+36
585+37
586+38
587+39
588+40
589+41
590+42
591+43 SB 458 8
592+(1)(2) If the plaintiff's attorney fails to initiate forfeiture proceedings
593+by notice of pending forfeiture within 90 days against property seized for
594+forfeiture or if the seizing agency fails to pursue forfeiture of the property
595+upon which a proper claim has been timely filed by filing a judicial
596+forfeiture proceeding within 90 days after notice of pending forfeiture, the
597+property shall be released on the request of an owner or interest holder to
598+such owner's or interest holder's custody, as custodian for the court,
599+pending further proceedings pursuant to this act. Such custodianship shall
600+not exceed 90 days following the release to the owner or interest holder
601+unless an extension is authorized by the court for good cause shown.
602+(2)(3) If, after notice of pending forfeiture, a claimant files a petition
603+for recognition of exemption pursuant to K.S.A. 60-4110, and amendments
604+thereto, the plaintiff's attorney may delay filing the judicial forfeiture
605+proceeding for a total of 180 days after the notice of pending forfeiture
606+except that if an interest holder timely files a proper petition documenting
607+the complete nature and extent of such holder's interest, including all of the
608+contractual terms and current status, the plaintiff's attorney may delay
609+filing a judicial forfeiture proceeding only if such attorney provides each
610+such petitioner with a written recognition of exemption within 60 days
611+after the effective date of the notice of pending forfeiture, recognizing the
612+interest of such petitioner to the extent of documented outstanding
613+principal plus interest at the contract rate until paid and any attorney fees
614+ordered by a court pursuant to such contract.
615+(3)(4) Whenever notice of pending forfeiture or service of an in rem
616+complaint or notice of a recognition of exemption and statement of
353617 nonexempt interests is required under this act, notice or service shall be
354618 given in accordance with one of the following:
355619 (A) If the owner's or interest holder's name and current address are
356-known, by either personal service by any person qualified to serve SENATE BILL No. 458—page 7
357-process or by any law enforcement officer or by mailing a copy of the
358-notice by certified mail, return receipt requested, to the known address,
359-pursuant to the code of civil procedure;
360-(B) if the owner's or interest holder's name and address are
361-required by law to be on record with a municipal, county, state or
362-federal agency to perfect an interest in the property, and the owner's or
363-interest holder's current address is not known, by mailing a copy of the
364-notice by certified mail, return receipt requested, to any address of
365-record with any of the described agencies, pursuant to the code of civil
366-procedure; or
367-(C) if the owner's or interest holder's address is not known and is
368-not on record as provided in subparagraph (B), or the owner's or
369-interest holder's interest is not known, or if service by certified mail
370-was attempted pursuant to subparagraph (A) or (B) and was not
371-effective, by publication in one issue of the official county newspaper,
372-as defined by K.S.A. 64-101, and amendments thereto, in the county in
373-which the seizure occurred.
620+known, by either personal service by any person qualified to serve process
621+or by any law enforcement officer or by mailing a copy of the notice by
622+certified mail, return receipt requested, to the known address, pursuant to
623+the code of civil procedure;
624+(B) if the owner's or interest holder's name and address are required
625+by law to be on record with a municipal, county, state or federal agency to
626+perfect an interest in the property, and the owner's or interest holder's
627+current address is not known, by mailing a copy of the notice by certified
628+mail, return receipt requested, to any address of record with any of the
629+described agencies, pursuant to the code of civil procedure; or
630+(C) if the owner's or interest holder's address is not known and is not
631+on record as provided in subparagraph (B), or the owner's or interest
632+holder's interest is not known, or if service by certified mail was attempted
633+pursuant to subparagraph (A) or (B) and was not effective, by publication
634+in one issue of the official county newspaper, as defined by K.S.A. 64-101,
635+1
636+2
637+3
638+4
639+5
640+6
641+7
642+8
643+9
644+10
645+11
646+12
647+13
648+14
649+15
650+16
651+17
652+18
653+19
654+20
655+21
656+22
657+23
658+24
659+25
660+26
661+27
662+28
663+29
664+30
665+31
666+32
667+33
668+34
669+35
670+36
671+37
672+38
673+39
674+40
675+41
676+42
677+43 SB 458 9
678+and amendments thereto, in the county in which the seizure occurred.
374679 (4)(5) Notice is effective pursuant to the code of civil procedure,
375680 except that notice of pending forfeiture of real property is not effective
376-until it is recorded. Notice of pending forfeiture shall include a
377-description of the property, the date and place of seizure, the conduct
378-giving rise to forfeiture or the violation of law alleged and a summary
379-of procedures and procedural rights applicable to the forfeiture action.
380-An When notice of pending forfeiture is mailed to an owner or interest
381-holder, the following shall be included with the notice: (A) The affidavit
382-describing the essential facts probable cause supporting forfeiture shall
383-be included with the notice.; and (B) copies of judicial council forms
384-for petitioning for recognition of an exemption pursuant to K.S.A. 60-
385-4110, and amendments thereto, and for making a claim pursuant to
386-K.S.A. 60-4111, and amendments thereto, shall be provided with the
387-notice.
388-(b) The plaintiff's attorney, without a filing fee, may file a lien for
389-the forfeiture of property upon the initiation of any civil or criminal
681+until it is recorded. Notice of pending forfeiture shall include a description
682+of the property, the date and place of seizure, the conduct giving rise to
683+forfeiture or the violation of law alleged and a summary of procedures and
684+procedural rights applicable to the forfeiture action. An When notice of
685+pending forfeiture is mailed to an owner or interest holder, the following
686+shall be included with the notice: (A) The affidavit describing the essential
687+facts probable cause supporting forfeiture shall be included with the
688+notice.; and (B) copies of judicial council forms for petitioning for
689+recognition of an exemption pursuant to K.S.A. 60-4110, and amendments
690+thereto, and for making a claim pursuant to K.S.A. 60-4111, and
691+amendments thereto, shall be provided with the notice.
692+(b) The plaintiff's attorney, without a filing fee, may file a lien for the
693+forfeiture of property upon the initiation of any civil or criminal
390694 proceeding relating to conduct giving rise to forfeiture under this act or
391695 upon seizure for forfeiture commencement of a forfeiture proceeding as
392696 provided in subsection (a). The court shall not charge the plaintiff's
393697 attorney a filing fee. Court costs may be assessed and, if assessed, shall
394-include the amount of the docket fee prescribed by K.S.A. 60-2001,
395-and amendments thereto, and any additional court costs accrued in the
396-action. A plaintiff's attorney may also file a forfeiture lien in this state
397-in connection with a proceeding or seizure for forfeiture in any other
398-state under a state or federal statute substantially similar to the relevant
399-provisions of this act. The filing constitutes notice to any person
400-claiming an interest in the seized property or in property owned by the
401-named person.
698+include the amount of the docket fee prescribed by K.S.A. 60-2001, and
699+amendments thereto, and any additional court costs accrued in the action.
700+A plaintiff's attorney may also file a forfeiture lien in this state in
701+connection with a proceeding or seizure for forfeiture in any other state
702+under a state or federal statute substantially similar to the relevant
703+provisions of this act. The filing constitutes notice to any person claiming
704+an interest in the seized property or in property owned by the named
705+person.
402706 (1) The lien notice shall set forth the following:
403-(A) The name of the person and, in the discretion of the lienor,
404-any alias, or the name of any corporation, partnership, trust or other
405-entity, including nominees, that are owned entirely or in part or
406-controlled by the person; and
707+(A) The name of the person and, in the discretion of the lienor, any
708+alias, or the name of any corporation, partnership, trust or other entity,
709+including nominees, that are owned entirely or in part or controlled by the
710+person; and
407711 (B) the description of the seized property, the criminal or civil
408712 proceeding that has been brought relating to conduct giving rise to
409-forfeiture under this act, the amount claimed by the lienor, the name of
410-the district court where the proceeding or action has been brought, and
411-the case number of the proceeding or action if known at the time of
412-filing.
713+forfeiture under this act, the amount claimed by the lienor, the name of the
714+district court where the proceeding or action has been brought, and the
715+case number of the proceeding or action if known at the time of filing.
413716 (2) A lien filed pursuant to this subsection applies to the described
414-seized property or to one named person, any aliases, fictitious names,
415-or other names, including the names of any corporation, partnership, SENATE BILL No. 458—page 8
416-trust, or other entity, owned entirely or in part, or controlled by the
417-named person, and any interest in real property owned or controlled by
418-the named person. A separate forfeiture lien shall be filed for each
419-named person.
420-(3) The notice of lien creates, upon filing, a lien in favor of the
421-lienor as it relates to the seized property or the named person or related
422-entities. The lien secures the amount of potential liability for civil
423-judgment, and if applicable, the fair market value of seized property
424-relating to all proceedings under this act enforcing the lien. The notice
425-of forfeiture lien referred to in this subsection shall be filed in
426-accordance with the provisions of the laws of this state relating to the
427-type of property that is subject to the lien. The validity and priority of
428-the forfeiture lien shall be determined in accordance with applicable
429-law pertaining to liens. The lienor may amend or release, in whole or in
430-part, a lien filed under this subsection at any time by filing, without a
431-filing fee, an amended lien in accordance with this subsection which
432-identifies the lien amended. The lienor, as soon as practical after filing
433-the lien, shall furnish to any person named in the lien a notice of the
434-filing of the lien. Failure to furnish notice under this subsection shall
435-not invalidate or otherwise affect the lien.
436-(4) Upon entry of judgment in the seizing agency's favor, the
437-seizing agency may proceed to execute on the lien as provided by law.
438-(5) A trustee, constructive or otherwise, who has notice that a
439-notice of forfeiture lien, or a notice of pending forfeiture, or a civil
440-forfeiture proceeding has been filed against the property or against any
441-person or entity for whom the person holds title or appears as record
442-owner, shall furnish within 14 days, to the seizing agency or the
443-plaintiff's attorney all of the following information, unless all of the
444-information is of record in the public records giving notice of liens on
445-that type of property:
717+seized property or to one named person, any aliases, fictitious names, or
718+other names, including the names of any corporation, partnership, trust, or
719+other entity, owned entirely or in part, or controlled by the named person,
720+and any interest in real property owned or controlled by the named person.
721+1
722+2
723+3
724+4
725+5
726+6
727+7
728+8
729+9
730+10
731+11
732+12
733+13
734+14
735+15
736+16
737+17
738+18
739+19
740+20
741+21
742+22
743+23
744+24
745+25
746+26
747+27
748+28
749+29
750+30
751+31
752+32
753+33
754+34
755+35
756+36
757+37
758+38
759+39
760+40
761+41
762+42
763+43 SB 458 10
764+A separate forfeiture lien shall be filed for each named person.
765+(3) The notice of lien creates, upon filing, a lien in favor of the lienor
766+as it relates to the seized property or the named person or related entities.
767+The lien secures the amount of potential liability for civil judgment, and if
768+applicable, the fair market value of seized property relating to all
769+proceedings under this act enforcing the lien. The notice of forfeiture lien
770+referred to in this subsection shall be filed in accordance with the
771+provisions of the laws of this state relating to the type of property that is
772+subject to the lien. The validity and priority of the forfeiture lien shall be
773+determined in accordance with applicable law pertaining to liens. The
774+lienor may amend or release, in whole or in part, a lien filed under this
775+subsection at any time by filing, without a filing fee, an amended lien in
776+accordance with this subsection which identifies the lien amended. The
777+lienor, as soon as practical after filing the lien, shall furnish to any person
778+named in the lien a notice of the filing of the lien. Failure to furnish notice
779+under this subsection shall not invalidate or otherwise affect the lien.
780+(4) Upon entry of judgment in the seizing agency's favor, the seizing
781+agency may proceed to execute on the lien as provided by law.
782+(5) A trustee, constructive or otherwise, who has notice that a notice
783+of forfeiture lien, or a notice of pending forfeiture, or a civil forfeiture
784+proceeding has been filed against the property or against any person or
785+entity for whom the person holds title or appears as record owner, shall
786+furnish within 14 days, to the seizing agency or the plaintiff's attorney all
787+of the following information, unless all of the information is of record in
788+the public records giving notice of liens on that type of property:
446789 (A) The name and address of each person or entity for whom the
447790 property is held;
448-(B) the description of all other property whose legal title is held
449-for the benefit of the named person; and
791+(B) the description of all other property whose legal title is held for
792+the benefit of the named person; and
450793 (C) a copy of the applicable trust agreement or other instrument, if
451-any, under which the trustee or other person holds legal title or appears
452-as record owner of the property.
794+any, under which the trustee or other person holds legal title or appears as
795+record owner of the property.
453796 (6) A trustee with notice who knowingly fails to comply with the
454797 provisions of this subsection shall be guilty of a class B nonperson
455798 misdemeanor.
456799 (7) A trustee with notice who fails to comply with paragraph (5) is
457-subject to a civil penalty of $100 for each day of noncompliance. The
458-court shall enter judgment ordering payment of $100 for each day of
800+subject to a civil penalty of $100 for each day of noncompliance. The court
801+shall enter judgment ordering payment of $100 for each day of
459802 noncompliance from the effective date of the notice until the required
460803 information is furnished or the seizing agency executes the seizing
461804 agency's judgment lien under this section.
462-(8) To the extent permitted by the constitutions of the United
463-States and the state of Kansas, the duty to comply with paragraph (5)
464-shall not be excused by any privilege or provision of law of this state or
465-any other state or country which authorizes or directs that testimony or
466-records required to be furnished pursuant to paragraph (5) are
467-privileged, confidential and otherwise may not be disclosed.
468-(9) A trustee who furnishes information pursuant to paragraph (5)
469-is immune from civil liability for the release of the information.
805+(8) To the extent permitted by the constitutions of the United States
806+and the state of Kansas, the duty to comply with paragraph (5) shall not be
807+1
808+2
809+3
810+4
811+5
812+6
813+7
814+8
815+9
816+10
817+11
818+12
819+13
820+14
821+15
822+16
823+17
824+18
825+19
826+20
827+21
828+22
829+23
830+24
831+25
832+26
833+27
834+28
835+29
836+30
837+31
838+32
839+33
840+34
841+35
842+36
843+37
844+38
845+39
846+40
847+41
848+42
849+43 SB 458 11
850+excused by any privilege or provision of law of this state or any other state
851+or country which authorizes or directs that testimony or records required to
852+be furnished pursuant to paragraph (5) are privileged, confidential and
853+otherwise may not be disclosed.
854+(9) A trustee who furnishes information pursuant to paragraph (5) is
855+immune from civil liability for the release of the information.
470856 (10) An employee of the seizing agency or the plaintiff's attorney
471-who releases the information obtained pursuant to paragraph (5), except
472-in the proper discharge of official duties, is guilty of a class B
473-nonperson misdemeanor.
474-(11) If any information furnished pursuant to paragraph (5) is SENATE BILL No. 458—page 9
475-offered in evidence, the court may seal that portion of the record or
476-may order that the information be disclosed in a designated way.
857+who releases the information obtained pursuant to paragraph (5), except in
858+the proper discharge of official duties, is guilty of a class B nonperson
859+misdemeanor.
860+(11) If any information furnished pursuant to paragraph (5) is offered
861+in evidence, the court may seal that portion of the record or may order that
862+the information be disclosed in a designated way.
477863 (12) A judgment or an order of payment entered pursuant to this
478-section becomes a judgment lien against the property alleged to be
479-subject to forfeiture.
864+section becomes a judgment lien against the property alleged to be subject
865+to forfeiture.
480866 Sec. 5. K.S.A. 2023 Supp. 60-4111 is hereby amended to read as
481-follows: 60-4111. (a) (1) Only an owner of or interest holder in
482-property seized for forfeiture may file a claim, and shall do so in the
483-manner provided in this section. The claim shall be mailed to the
484-seizing agency and to the plaintiff's attorney by certified mail, return
485-receipt requested, within 60 days after the effective date of notice of
486-pending forfeiture.
487-(2) The plaintiff's attorney shall file a notice of receipt with the
488-court when a claim is received unless the claim was already filed with
489-the court. Such filing shall include a copy of the claim and documents
490-showing the date that the claim was mailed and received.
867+follows: 60-4111. (a) (1) Only an owner of or interest holder in property
868+seized for forfeiture may file a claim, and shall do so in the manner
869+provided in this section. The claim shall be mailed to the seizing agency
870+and to the plaintiff's attorney by certified mail, return receipt requested,
871+within 60 days after the effective date of notice of pending forfeiture.
872+(2) The plaintiff's attorney shall file a notice of receipt with the court
873+when a claim is received unless the claim was already filed with the court.
874+Such filing shall include a copy of the claim and documents showing the
875+date that the claim was mailed and received.
491876 (b) The claim shall be signed by the claimant under penalty of
492-perjury, K.S.A. 21-5903, and amendments thereto, and shall set forth
493-the following:
494-(1) The caption of the proceedings and identifying number, if any,
495-as set forth on the notice of pending forfeiture or complaint, the name
496-of the claimant, and the name of the plaintiff's attorney who authorized
497-the notice of pending forfeiture or complaint;
877+perjury, K.S.A. 21-5903, and amendments thereto, and shall set forth the
878+following:
879+(1) The caption of the proceedings and identifying number, if any, as
880+set forth on the notice of pending forfeiture or complaint, the name of the
881+claimant, and the name of the plaintiff's attorney who authorized the notice
882+of pending forfeiture or complaint;
498883 (2) the address where the claimant will accept mail;
499-(3) the nature and extent of the claimant's interest in the property;
500-and
501-(4) a detailed description of when and how the claimant obtained
502-an interest in the property.
884+(3) the nature and extent of the claimant's interest in the property; and
885+(4) a detailed description of when and how the claimant obtained an
886+interest in the property.
503887 (c) Substantial compliance with subsection (b) shall be deemed
504888 sufficient.
505-(d) It is permissible to assert the right against self-incrimination in
506-a claim. If a claimant asserts the right, the court, in the court's
507-discretion, may draw an adverse inference from the assertion against
508-the claimant. The adverse inference shall not, by itself, be the basis of a
509-judgment against the claimant.
889+(d) It is permissible to assert the right against self-incrimination in a
890+claim. If a claimant asserts the right, the court, in the court's discretion,
891+may draw an adverse inference from the assertion against the claimant.
892+The adverse inference shall not, by itself, be the basis of a judgment
893+1
894+2
895+3
896+4
897+5
898+6
899+7
900+8
901+9
902+10
903+11
904+12
905+13
906+14
907+15
908+16
909+17
910+18
911+19
912+20
913+21
914+22
915+23
916+24
917+25
918+26
919+27
920+28
921+29
922+30
923+31
924+32
925+33
926+34
927+35
928+36
929+37
930+38
931+39
932+40
933+41
934+42
935+43 SB 458 12
936+against the claimant.
510937 Sec. 6. K.S.A. 2023 Supp. 60-4112 is hereby amended to read as
511938 follows: 60-4112. (a) A judicial forfeiture proceeding under this act is
512939 subject to the provisions of this section.
513-(b) The court, on application of the plaintiff's attorney, may enter
514-any restraining order or injunction, require the execution of satisfactory
515-performance bonds, create receiverships, appoint conservators,
516-custodians, appraisers, accountants or trustees, or take any other action
517-to seize, secure, maintain or preserve the availability of property
518-subject to forfeiture under this act, including a writ of attachment or a
519-warrant for such property's seizure, whether before or after the filing of
520-a notice of pending forfeiture or complaint.
940+(b) The court, on application of the plaintiff's attorney, may enter any
941+restraining order or injunction, require the execution of satisfactory
942+performance bonds, create receiverships, appoint conservators, custodians,
943+appraisers, accountants or trustees, or take any other action to seize,
944+secure, maintain or preserve the availability of property subject to
945+forfeiture under this act, including a writ of attachment or a warrant for
946+such property's seizure, whether before or after the filing of a notice of
947+pending forfeiture or complaint.
521948 (c) If property is seized for forfeiture or a forfeiture lien is filed
522949 without a previous judicial determination of probable cause or order of
523-forfeiture or a hearing under K.S.A. 60-4114(c), and amendments
524-thereto, the court, on an application filed by an owner of or interest
525-holder in the property within 14 days after notice of the property's
526-seizure for forfeiture or lien, or actual knowledge of it, whichever is
527-earlier, and after complying with the requirements for claims in K.S.A.
528-60-4109, and amendments thereto, after seven days' notice to the
529-plaintiff's attorney, may issue an order to show cause to the seizing
530-agency, for a hearing on the sole issue of whether probable cause for
531-forfeiture of the property then exists. The hearing shall be held within
532-30 days of the order to show cause unless continued for good cause on
533-motion of either party. If the court finds that there is no probable cause SENATE BILL No. 458—page 10
534-for forfeiture of the property, or if the seizing agency elects not to
535-contest the issue, the property shall be released to the custody of the
536-applicant, as custodian for the court, or from the lien pending the
537-outcome of a judicial proceeding pursuant to this act. If the court finds
538-that probable cause for the forfeiture of the property exists, the court
539-shall not order the property releasedAt any time prior to final judgment,
540-an owner or interest holder may petition the court for determination or
541-reconsideration of its prior determination that there is probable cause
542-to believe that the property is subject to forfeiture.
950+forfeiture or a hearing under K.S.A. 60-4114(c), and amendments thereto,
951+the court, on an application filed by an owner of or interest holder in the
952+property within 14 days after notice of the property's seizure for forfeiture
953+or lien, or actual knowledge of it, whichever is earlier, and after complying
954+with the requirements for claims in K.S.A. 60-4109, and amendments
955+thereto, after seven days' notice to the plaintiff's attorney, may issue an
956+order to show cause to the seizing agency, for a hearing on the sole issue
957+of whether probable cause for forfeiture of the property then exists. The
958+hearing shall be held within 30 days of the order to show cause unless
959+continued for good cause on motion of either party. If the court finds that
960+there is no probable cause for forfeiture of the property, or if the seizing
961+agency elects not to contest the issue, the property shall be released to the
962+custody of the applicant, as custodian for the court, or from the lien
963+pending the outcome of a judicial proceeding pursuant to this act. If the
964+court finds that probable cause for the forfeiture of the property exists, the
965+court shall not order the property releasedAt any time prior to final
966+judgment, an owner or interest holder may petition the court for
967+determination or reconsideration of its prior determination that there is
968+probable cause to believe that the property is subject to forfeiture.
543969 (d) All applications filed within the 14-day period prescribed by
544970 subsection (c) shall be consolidated for a single hearing relating to each
545971 applicant's interest in the property seized for forfeiture.
546-(e) A person charged with a criminal offense may apply at any
547-time before final judgment to the court where the forfeiture proceeding
548-is pending for the release of property seized for forfeiture, that is
549-necessary for the defense of the person's criminal charge. The
550-application shall satisfy the requirements under K.S.A. 60-4111(b), and
551-amendments thereto. The court shall hold a probable cause hearing if
552-the applicant establishes that:
553-(1) The person has not had an opportunity to participate in a
554-previous adversarial judicial determination of probable cause;
972+(e) A person charged with a criminal offense may apply at any time
973+before final judgment to the court where the forfeiture proceeding is
974+pending for the release of property seized for forfeiture, that is necessary
975+for the defense of the person's criminal charge. The application shall
976+satisfy the requirements under K.S.A. 60-4111(b), and amendments
977+thereto. The court shall hold a probable cause hearing if the applicant
978+establishes that:
979+1
980+2
981+3
982+4
983+5
984+6
985+7
986+8
987+9
988+10
989+11
990+12
991+13
992+14
993+15
994+16
995+17
996+18
997+19
998+20
999+21
1000+22
1001+23
1002+24
1003+25
1004+26
1005+27
1006+28
1007+29
1008+30
1009+31
1010+32
1011+33
1012+34
1013+35
1014+36
1015+37
1016+38
1017+39
1018+40
1019+41
1020+42
1021+43 SB 458 13
1022+(1) The person has not had an opportunity to participate in a previous
1023+adversarial judicial determination of probable cause;
5551024 (2) the person has no access to other moneys adequate for the
5561025 payment of criminal counsel; and
557-(3) the interest in property to be released is not subject to any
558-claim other than the forfeiture.
559-(f)(e) If the court finds that there is no probable cause for
560-forfeiture of the property, the court shall order the property released
561-pursuant to subsection (c) to the custody of the applicant, as custodian
562-for the court, or from a forfeiture lien pending the outcome of a judicial
563-proceeding pursuant to this act. If the seizing agency does not contest
564-the hearing, the court may release a reasonable amount of property for
565-the payment of the applicant's criminal defense costs. Property that has
566-been released by the court and that has been paid for criminal defense
567-services actually rendered is exempt under this act.
568-(g)(f) A defendant convicted in any criminal proceeding is
569-precluded from later denying the elements of the criminal offense of
570-which the defendant was convicted in any proceeding pursuant to this
571-section. For the purposes of this section, a conviction results from a
572-verdict or plea of guilty, including a plea of no contest or nolo
573-contendere.
574-(g) (1) At any time following seizure pursuant to this act, the
575-person from whom possession or control of the property was seized
576-may petition the court to determine whether such forfeiture is
577-unconstitutionally excessive.
1026+(3) the interest in property to be released is not subject to any claim
1027+other than the forfeiture.
1028+(f)(e) If the court finds that there is no probable cause for forfeiture of
1029+the property, the court shall order the property released pursuant to
1030+subsection (c) to the custody of the applicant, as custodian for the court,
1031+or from a forfeiture lien pending the outcome of a judicial proceeding
1032+pursuant to this act. If the seizing agency does not contest the hearing, the
1033+court may release a reasonable amount of property for the payment of the
1034+applicant's criminal defense costs. Property that has been released by the
1035+court and that has been paid for criminal defense services actually
1036+rendered is exempt under this act.
1037+(g)(f) A defendant convicted in any criminal proceeding is precluded
1038+from later denying the elements of the criminal offense of which the
1039+defendant was convicted in any proceeding pursuant to this section. For
1040+the purposes of this section, a conviction results from a verdict or plea of
1041+guilty, including a plea of no contest or nolo contendere.
1042+(g) (1) At any time following seizure pursuant to this act, the person
1043+from whom possession or control of the property was seized may petition
1044+the court to determine whether such forfeiture is unconstitutionally
1045+excessive.
5781046 (2) The plaintiff's attorney has the burden of establishing that the
579-forfeiture is proportional to the seriousness of the offense giving rise to
580-the forfeiture by clear and convincing evidence.
1047+forfeiture is proportional to the seriousness of the offense giving rise to the
1048+forfeiture by clear and convincing evidence at a hearing conducted by the
1049+court without a jury. Such hearing may be a component of the associated
1050+trial and not a separate hearing.
5811051 (3) In determining whether the forfeiture is unconstitutionally
582-excessive, the court may consider all relevant factors, including, but
583-not limited to:
1052+excessive, the court may consider all relevant factors, including, but not
1053+limited to:
5841054 (A) The seriousness of the offense;
585-(B) the extent of participation in the offense by the person from
586-whom possession or control of the property was seized;
1055+(B) the extent of participation in the offense by the person from whom
1056+possession or control of the property was seized;
5871057 (C) the extent to which the property was used in committing the
5881058 offense;
589-(D) the sentence imposed for committing the offense that gave rise
590-to forfeiture;
1059+(D) the sentence imposed for committing the offense that gave rise to
1060+forfeiture;
5911061 (E) the effect of the forfeiture on the livelihood of the person from
592-whom possession or control of the property was seized; and SENATE BILL No. 458—page 11
1062+whom possession or control of the property was seized; and
5931063 (F) the fair market value of the property compared to the property
5941064 owner's net worth.
1065+1
1066+2
1067+3
1068+4
1069+5
1070+6
1071+7
1072+8
1073+9
1074+10
1075+11
1076+12
1077+13
1078+14
1079+15
1080+16
1081+17
1082+18
1083+19
1084+20
1085+21
1086+22
1087+23
1088+24
1089+25
1090+26
1091+27
1092+28
1093+29
1094+30
1095+31
1096+32
1097+33
1098+34
1099+35
1100+36
1101+37
1102+38
1103+39
1104+40
1105+41
1106+42
1107+43 SB 458 14
5951108 (h) In any proceeding under this act, if a claim is based on any
596-exemption provided for in this act, the burden of proving the existence
597-of the exemption is on the claimant, and is not necessary for the seizing
598-agency or plaintiff's attorney to negate the exemption in any application
599-or complaint.
600-(i) In hearings and determinations pursuant to this section, the
601-court may receive and consider, in making any determination of
602-probable cause or reasonable cause, all evidence admissible in
603-determining probable cause at a preliminary hearing or in the issuance
604-of a search warrant, together with inferences therefrom from such
605-admissible evidence.
606-(j) The totality of the circumstances shall determine if the property
607-of a person is subject to forfeiture under this act. Factors that may be
1109+exemption provided for in this act, the burden of proving the existence of
1110+the exemption is on the claimant, and is not necessary for the seizing
1111+agency or plaintiff's attorney to negate the exemption in any application or
1112+complaint.
1113+(i) In hearings and determinations pursuant to this section, the court
1114+may receive and consider, in making any determination of probable cause
1115+or reasonable cause, all evidence admissible in determining probable cause
1116+at a preliminary hearing or in the issuance of a search warrant, together
1117+with inferences therefrom from such admissible evidence.
1118+(j) The totality of the circumstances shall determine if the property of
1119+a person is subject to forfeiture under this act. Factors that may be
6081120 considered include, but are not limited to, the following:
6091121 (1) The person has engaged in conduct giving rise to forfeiture;
610-(2) the property was acquired by the person during that period of
611-the conduct giving rise to forfeiture or within a reasonable time after
612-the period;
613-(3) there was no likely source for the property other than the
614-conduct giving rise to forfeiture; and
1122+(2) the property was acquired by the person during that period of the
1123+conduct giving rise to forfeiture or within a reasonable time after the
1124+period;
1125+(3) there was no likely source for the property other than the conduct
1126+giving rise to forfeiture; and
6151127 (4) the proximity to contraband or an instrumentality giving rise to
6161128 forfeiture.
617-(k) A finding that property is the proceeds of conduct giving rise
618-to forfeiture does not require proof the property is the proceeds of any
1129+(k) A finding that property is the proceeds of conduct giving rise to
1130+forfeiture does not require proof the property is the proceeds of any
6191131 particular exchange or transaction.
6201132 (l) A person who acquires any property subject to forfeiture is a
6211133 constructive trustee of the property, and such property's fruits, for the
622-benefit of the seizing agency, to the extent that such agency's interest is
623-not exempt from forfeiture. If property subject to forfeiture has been
624-commingled with other property, the court shall order the forfeiture of
625-the mingled property and of any fruits of the mingled property, to the
626-extent of the property subject to forfeiture, unless an owner or interest
627-holder proves that specified property does not contain property subject
628-to forfeiture, or that such owner's or interest holder's interest in
629-specified property is exempt from forfeiture.
1134+benefit of the seizing agency, to the extent that such agency's interest is not
1135+exempt from forfeiture. If property subject to forfeiture has been
1136+commingled with other property, the court shall order the forfeiture of the
1137+mingled property and of any fruits of the mingled property, to the extent of
1138+the property subject to forfeiture, unless an owner or interest holder proves
1139+that specified property does not contain property subject to forfeiture, or
1140+that such owner's or interest holder's interest in specified property is
1141+exempt from forfeiture.
6301142 (m) All property declared forfeited under this act vests in the law
6311143 enforcement agency seeking forfeiture on the date of commission of the
632-conduct giving rise to forfeiture together with the proceeds of the
633-property after that time. Any such property or proceeds subsequently
634-transferred to any person remain subject to forfeiture and thereafter
635-shall be ordered forfeited unless the transferee acquired the property in
636-good faith, for value, and was not knowingly taking part in an illegal
637-transaction, and the transferee's interest is exempt under K.S.A. 60-
638-4106, and amendments thereto.
1144+conduct giving rise to forfeiture together with the proceeds of the property
1145+after that time. Any such property or proceeds subsequently transferred to
1146+any person remain subject to forfeiture and thereafter shall be ordered
1147+forfeited unless the transferee acquired the property in good faith, for
1148+value, and was not knowingly taking part in an illegal transaction, and the
1149+transferee's interest is exempt under K.S.A. 60-4106, and amendments
1150+thereto.
1151+1
1152+2
1153+3
1154+4
1155+5
1156+6
1157+7
1158+8
1159+9
1160+10
1161+11
1162+12
1163+13
1164+14
1165+15
1166+16
1167+17
1168+18
1169+19
1170+20
1171+21
1172+22
1173+23
1174+24
1175+25
1176+26
1177+27
1178+28
1179+29
1180+30
1181+31
1182+32
1183+33
1184+34
1185+35
1186+36
1187+37
1188+38
1189+39
1190+40
1191+41
1192+42
1193+43 SB 458 15
6391194 (n) An acquittal or dismissal in a criminal proceeding shall not
640-preclude civil proceedings under this act, nor give rise to any
641-presumption adverse or contrary to any fact alleged by the seizing
642-agency.
643-(o) On motion, The court shall automatically stay discovery
644-against the criminal defendant and against the seizing agency in civil
645-proceedings during a related criminal proceeding alleging the same
646-conduct, after making provision to prevent loss to any party resulting
647-from the delay. Such a stay shall not be available pending any appeal
648-by a defendant The court may lift the automatic stay of discovery upon
649-good cause shown.
1195+preclude civil proceedings under this act, nor give rise to any presumption
1196+adverse or contrary to any fact alleged by the seizing agency.
1197+(o) On motion, The court shall automatically stay discovery against
1198+the criminal defendant and against the seizing agency in civil proceedings
1199+during a related criminal proceeding alleging the same conduct, after
1200+making provision to prevent loss to any party resulting from the delay.
1201+Such a stay shall not be available pending any appeal by a defendant The
1202+court may lift the automatic stay of discovery upon good cause shown.
6501203 (p) Except as otherwise provided by this act, all proceedings
651-hereunder under the act shall be governed by the rules of civil SENATE BILL No. 458—page 12
652-procedure pursuant to K.S.A. 60-101 et seq., and amendments thereto.
653-(q) An action pursuant to this act shall be consolidated with any
654-other action or proceeding pursuant to this act or to such other
655-foreclosure or trustee sale proceedings relating to the same property on
656-motion of the plaintiff's attorney, and may be consolidated on motion of
657-an owner or interest holder.
1204+hereunder under the act shall be governed by the rules of civil procedure
1205+pursuant to K.S.A. 60-101 et seq., and amendments thereto.
1206+(q) An action pursuant to this act shall be consolidated with any other
1207+action or proceeding pursuant to this act or to such other foreclosure or
1208+trustee sale proceedings relating to the same property on motion of the
1209+plaintiff's attorney, and may be consolidated on motion of an owner or
1210+interest holder.
6581211 Sec. 7. K.S.A. 2023 Supp. 60-4113 is hereby amended to read as
6591212 follows: 60-4113. (a) A judicial in rem forfeiture proceeding brought by
660-the plaintiff's attorney pursuant to a notice of pending forfeiture or
661-verified petition for forfeiture is also subject to the provisions of this
662-section. If a forfeiture is authorized by this act, it shall be ordered by
663-the court in the in rem action.
1213+the plaintiff's attorney pursuant to a notice of pending forfeiture or verified
1214+petition for forfeiture is also subject to the provisions of this section. If a
1215+forfeiture is authorized by this act, it shall be ordered by the court in the in
1216+rem action.
6641217 (b) An action in rem may be brought by the plaintiff's attorney in
6651218 addition to, or in lieu of, civil in personam forfeiture procedures. The
666-seizing agency may serve the complaint in the manner provided by
667-K.S.A. 60-4109(a)(3), and amendments thereto, or as provided by the
668-rules of civil procedure.
1219+seizing agency may serve the complaint in the manner provided by K.S.A.
1220+60-4109(a)(3), and amendments thereto, or as provided by the rules of
1221+civil procedure.
6691222 (c) Only an owner of or an interest holder in the property who has
670-timely filed a proper claim may file an answer in an action in rem. For
671-the purposes of this section, an owner of or interest holder in property
672-who has filed a claim and answer shall be referred to as a claimant.
1223+timely filed a proper claim may file an answer in an action in rem. For the
1224+purposes of this section, an owner of or interest holder in property who has
1225+filed a claim and answer shall be referred to as a claimant. A claimant may
1226+demand a jury trial pursuant to K.S.A. 60-238, and amendments thereto.
6731227 (d) The answer shall be signed by the claimant under penalty of
6741228 perjury, K.S.A. 21-5903, and amendments thereto, shall otherwise be in
675-accordance with the rules of civil procedure on answers and shall also
676-set forth the following:
677-(1) The caption of the proceedings and identifying number, if any,
678-as set forth on the notice of pending forfeiture or complaint and the
679-name of the claimant;
1229+accordance with the rules of civil procedure on answers and shall also set
1230+forth the following:
1231+(1) The caption of the proceedings and identifying number, if any, as
1232+set forth on the notice of pending forfeiture or complaint and the name of
1233+the claimant;
6801234 (2) the address where the claimant will accept mail;
681-(3) the nature and extent of the claimant's interest in the property;
682-and
683-(4) a detailed description of when and how the claimant obtained
684-an interest in the property.
1235+(3) the nature and extent of the claimant's interest in the property; and
1236+(4) a detailed description of when and how the claimant obtained an
1237+1
1238+2
1239+3
1240+4
1241+5
1242+6
1243+7
1244+8
1245+9
1246+10
1247+11
1248+12
1249+13
1250+14
1251+15
1252+16
1253+17
1254+18
1255+19
1256+20
1257+21
1258+22
1259+23
1260+24
1261+25
1262+26
1263+27
1264+28
1265+29
1266+30
1267+31
1268+32
1269+33
1270+34
1271+35
1272+36
1273+37
1274+38
1275+39
1276+40
1277+41
1278+42
1279+43 SB 458 16
1280+interest in the property.
6851281 (e) Substantial compliance with subsection (d) shall be deemed
6861282 sufficient.
687-(f) It is permissible to assert the right against self-incrimination in
688-an answer. If a claimant asserts the right, the court, in the court's
689-discretion, may draw an adverse inference from the assertion against
690-the claimant. The adverse inference shall not, by itself, be the basis of a
691-judgment against the claimant.
692-(g) The answer shall be filed within 21 days after service of the
693-civil in rem complaint.
694-(h) The issue shall be determined by the court alone. The
695-plaintiff's attorney shall have the initial burden of proving the interest in
696-the property is subject to forfeiture by a preponderance of the clear and
697-convincing evidence. If the state proves the interest in the property is
698-subject to forfeiture, the claimant has the burden of showing by a
699-preponderance of the evidence that the claimant has an interest in the
700-property which is not subject to forfeiture.
1283+(f) It is permissible to assert the right against self-incrimination in an
1284+answer. If a claimant asserts the right, the court, in the court's discretion,
1285+may draw an adverse inference from the assertion against the claimant.
1286+The adverse inference shall not, by itself, be the basis of a judgment
1287+against the claimant.
1288+(g) The answer shall be filed within 21 days after service of the civil
1289+in rem complaint.
1290+(h) The issue shall be determined by the court alone. The plaintiff's
1291+attorney shall have the initial burden of proving the interest in the property
1292+is subject to forfeiture by a preponderance of the clear and convincing
1293+evidence. If the state proves the interest in the property is subject to
1294+forfeiture, the claimant has the burden of showing by a preponderance of
1295+the evidence that the claimant has an interest in the property which is not
1296+subject to forfeiture.
7011297 (i) If the plaintiff's attorney fails to meet the burden of proof for
7021298 forfeiture, or a claimant establishes by a preponderance of the evidence
7031299 that the claimant has an interest that is exempt under the provisions of
704-K.S.A. 60-4106, and amendments thereto, the court shall order the
705-interest in the property returned or conveyed to the claimant. The court
706-shall order all other property forfeited to the seizing agency and
707-conduct further proceedings pursuant to K.S.A. 60-4116 and 60-4117,
708-and amendments thereto.
709-Sec. 8. K.S.A. 2023 Supp. 60-4116 is hereby amended to read as
710-follows: 60-4116. (a) If no proper claims are timely filed in an action in SENATE BILL No. 458—page 13
711-rem, or if no proper answer is timely filed in response to a complaint,
712-the plaintiff's attorney may apply for an order of forfeiture and
713-allocation of forfeited property pursuant to K.S.A. 60-4117, and
714-amendments thereto. Upon a determination by the court that the seizing
715-agency's written application established the court's jurisdiction, the
716-giving of proper notice, and facts sufficient to show probable cause for
717-forfeiture, the court shall order the property forfeited to the seizing
718-agency.
1300+K.S.A. 60-4106, and amendments thereto, the court shall order the interest
1301+in the property returned or conveyed to the claimant. The court shall order
1302+all other property forfeited to the seizing agency and conduct further
1303+proceedings pursuant to K.S.A. 60-4116 and 60-4117, and amendments
1304+thereto.
1305+Sec. 8. K.S.A. 2023 Supp. 60-4114 is hereby amended to read as
1306+follows: 60-4114. (a) (1) A judicial in personam forfeiture proceeding
1307+brought by the plaintiff's attorney pursuant to an in personam civil action
1308+alleging conduct giving rise to forfeiture is also subject to the provisions of
1309+this section. If a forfeiture is authorized by this act, it shall be ordered by
1310+the court in the in personam action. The action shall be in addition to or in
1311+lieu of in rem forfeiture procedures.
1312+(2) In any proceeding pursuant to this section, the court, on
1313+application of the plaintiff's attorney, may enter any order authorized by
1314+K.S.A. 60-4112, and amendments thereto.
1315+(b) The court may issue a temporary restraining order in an action
1316+under this section on application of the plaintiff's attorney, without notice
1317+or an opportunity for a hearing, if the plaintiff's attorney demonstrates that:
1318+(1) There is probable cause to believe that in the event of a final
1319+judgment, the property involved would be subject to forfeiture under the
1320+provisions of this act; and
1321+(2) a provision of notice would jeopardize the availability of the
1322+property for forfeiture.
1323+1
1324+2
1325+3
1326+4
1327+5
1328+6
1329+7
1330+8
1331+9
1332+10
1333+11
1334+12
1335+13
1336+14
1337+15
1338+16
1339+17
1340+18
1341+19
1342+20
1343+21
1344+22
1345+23
1346+24
1347+25
1348+26
1349+27
1350+28
1351+29
1352+30
1353+31
1354+32
1355+33
1356+34
1357+35
1358+36
1359+37
1360+38
1361+39
1362+40
1363+41
1364+42
1365+43 SB 458 17
1366+(c) Notice of the issuance of a temporary restraining order and an
1367+opportunity for a hearing shall be given to persons known to have an
1368+interest in the property. A hearing shall be held at the earliest possible date
1369+in accordance with the applicable civil rule and shall be limited to the
1370+issues of whether:
1371+(1) There is a probability that the seizing agency will prevail on the
1372+issue of forfeiture and that failure to enter the order could result in the
1373+property being destroyed, conveyed, alienated, encumbered, further
1374+encumbered, disposed of, purchased, received, removed from the
1375+jurisdiction of the court, concealed, or otherwise made unavailable for
1376+forfeiture; and
1377+(2) the need to preserve the availability of property through the entry
1378+of the requested order outweighs the hardship on any owner or interest
1379+holder against whom the order is to be entered.
1380+(d) On a determination of liability of a person for conduct giving rise
1381+to forfeiture under this act, the court shall enter a judgment of forfeiture of
1382+the property found to be subject to forfeiture described in the complaint
1383+and shall also authorize the plaintiff's attorney or any law enforcement
1384+officer to seize all property ordered forfeited which was not previously
1385+seized or is not then under seizure. Following the entry of an order
1386+declaring the property forfeited, the court, on application of the plaintiff's
1387+attorney, may enter any appropriate order to protect the interest of the
1388+seizing agency in the property ordered forfeited.
1389+(e) Following the entry of an order of forfeiture under subsection (d),
1390+the plaintiff's attorney may give notice of pending forfeiture, in the manner
1391+provided in K.S.A. 60-4109, and amendments thereto, to all owners and
1392+interest holders who have not previously been given notice.
1393+(f) An owner of or interest holder in property that has been forfeited
1394+and whose claim is not precluded may file a claim as described in K.S.A.
1395+60-4111, and amendments thereto, within 60 days after initial notice of
1396+pending forfeiture or after notice under subsection (e), whichever is earlier.
1397+A claimant may demand a jury trial pursuant to K.S.A. 60-238, and
1398+amendments thereto. If the seizing agency does not recognize the claimed
1399+exemption, the plaintiff's attorney shall file a complaint and the court shall
1400+hold the hearing and determine the claim, without a jury, in the manner
1401+provided for in rem judicial forfeiture actions in K.S.A. 60-4113, and
1402+amendments thereto.
1403+(g) In accordance with findings made at the hearing, the court may
1404+amend the order of forfeiture if the court determines that any claimant has
1405+established by a preponderance of the evidence that the claimant has an
1406+interest in the property and that the claimant's interest is exempt under
1407+K.S.A. 60-4106, and amendments thereto.
1408+(h) Except as provided in K.S.A. 60-4112(c), and amendments
1409+1
1410+2
1411+3
1412+4
1413+5
1414+6
1415+7
1416+8
1417+9
1418+10
1419+11
1420+12
1421+13
1422+14
1423+15
1424+16
1425+17
1426+18
1427+19
1428+20
1429+21
1430+22
1431+23
1432+24
1433+25
1434+26
1435+27
1436+28
1437+29
1438+30
1439+31
1440+32
1441+33
1442+34
1443+35
1444+36
1445+37
1446+38
1447+39
1448+40
1449+41
1450+42
1451+43 SB 458 18
1452+thereto, no person claiming an interest in property subject to forfeiture
1453+under this act may intervene in a trial or appeal of a criminal action or in
1454+an in personam civil action involving the forfeiture of the property.
1455+Sec. 9. K.S.A. 2023 Supp. 60-4116 is hereby amended to read as
1456+follows: 60-4116. (a) If no proper claims are timely filed in an action in
1457+rem, or if no proper answer is timely filed in response to a complaint, the
1458+plaintiff's attorney may apply for an order of forfeiture and allocation of
1459+forfeited property pursuant to K.S.A. 60-4117, and amendments thereto.
1460+Upon a determination by the court that the seizing agency's written
1461+application established the court's jurisdiction, the giving of proper notice,
1462+and facts sufficient to show probable cause for forfeiture, the court shall
1463+order the property forfeited to the seizing agency.
7191464 (b) After final disposition of all claims timely filed in an action in
720-rem, or after final judgment and disposition of all claims timely filed in
721-an action in personam, the court shall enter an order that the seizing
722-agency has clear title to the forfeited property interest. Title to the
723-forfeited property interest and such property's proceeds shall be deemed
724-to have vested in the seizing agency on the commission of the conduct
725-giving rise to forfeiture under this act.
1465+rem, or after final judgment and disposition of all claims timely filed in an
1466+action in personam, the court shall enter an order that the seizing agency
1467+has clear title to the forfeited property interest. Title to the forfeited
1468+property interest and such property's proceeds shall be deemed to have
1469+vested in the seizing agency on the commission of the conduct giving rise
1470+to forfeiture under this act.
7261471 (c) If, in the discretion of the plaintiff's attorney, such plaintiff's
7271472 attorney has recognized in writing that an interest holder has an interest
7281473 that is exempt from forfeiture, the court, on application of the plaintiff's
729-attorney, may release or convey forfeited personal property to a
730-regulated interest holder on all of the following conditions:
1474+attorney, may release or convey forfeited personal property to a regulated
1475+interest holder on all of the following conditions:
7311476 (1) The interest holder has an interest which was acquired in the
7321477 regular course of business as an interest holder.
7331478 (2) The amount of the interest holder's encumbrance is readily
7341479 determinable and the amount has been reasonably established by proof
7351480 made available by the plaintiff's attorney to the court.
736-(3) The encumbrance held by the interest holder seeking
737-possession is the only interest exempted from forfeiture and the order
738-forfeiting the property to the seizing agency transferred all of the rights
739-of the owner prior to forfeiture, including rights of redemption to the
740-seizing agency.
741-(4) After the court's release or conveyance, the interest holder
742-shall dispose of the property by a commercially reasonable public sale,
743-and within 14 days of disposition shall tender to the seizing agency the
744-amount received at disposition less the amount of the interest holder's
1481+(3) The encumbrance held by the interest holder seeking possession is
1482+the only interest exempted from forfeiture and the order forfeiting the
1483+property to the seizing agency transferred all of the rights of the owner
1484+prior to forfeiture, including rights of redemption to the seizing agency.
1485+(4) After the court's release or conveyance, the interest holder shall
1486+dispose of the property by a commercially reasonable public sale, and
1487+within 14 days of disposition shall tender to the seizing agency the amount
1488+received at disposition less the amount of the interest holder's
7451489 encumbrance and reasonable expense incurred by the interest holder in
7461490 connection with the sale or disposal.
747-(d) On order of the court forfeiting the subject property, the
748-seizing agency may transfer good and sufficient title to any subsequent
749-purchaser or transferee, unless satisfied and released earlier, subject to
750-all mortgages, deeds of trust, financing statements or security
751-agreements of record prior to the forfeiture held by an interest holder
752-and the title shall be recognized by all courts, by this state, and by all
753-agencies of and any political subdivision. Likewise on entry of
754-judgment in favor of a person claiming an interest in the property that is
755-subject to proceedings to forfeit property under this act, the court shall
756-enter an order that the property or interest in property shall be released
757-or delivered promptly to that person free of liens and encumbrances
758-under this act and the person's cost bond shall be discharged.
1491+(d) On order of the court forfeiting the subject property, the seizing
1492+agency may transfer good and sufficient title to any subsequent purchaser
1493+or transferee, unless satisfied and released earlier, subject to all mortgages,
1494+deeds of trust, financing statements or security agreements of record prior
1495+1
1496+2
1497+3
1498+4
1499+5
1500+6
1501+7
1502+8
1503+9
1504+10
1505+11
1506+12
1507+13
1508+14
1509+15
1510+16
1511+17
1512+18
1513+19
1514+20
1515+21
1516+22
1517+23
1518+24
1519+25
1520+26
1521+27
1522+28
1523+29
1524+30
1525+31
1526+32
1527+33
1528+34
1529+35
1530+36
1531+37
1532+38
1533+39
1534+40
1535+41
1536+42
1537+43 SB 458 19
1538+to the forfeiture held by an interest holder and the title shall be recognized
1539+by all courts, by this state, and by all agencies of and any political
1540+subdivision. Likewise on entry of judgment in favor of a person claiming
1541+an interest in the property that is subject to proceedings to forfeit property
1542+under this act, the court shall enter an order that the property or interest in
1543+property shall be released or delivered promptly to that person free of liens
1544+and encumbrances under this act and the person's cost bond shall be
1545+discharged.
7591546 (e) Upon motion by the plaintiff's attorney, if it appears after a
760-hearing there was reasonable cause for the seizure for forfeiture or for
761-the filing of the notice of pending forfeiture or complaint, the court
762-shall cause a finding to be entered that reasonable cause existed, or that
763-any such action was taken under a reasonable good faith belief that it
764-was proper, and the claimant is not entitled to costs or damages, and the
765-person or seizing agency who made the seizure, and the plaintiff's
766-attorney, are not liable to suit or judgment on account of the seizure,
767-suit or prosecution. Nothing in this subsection shall affect whether a
768-claimant is entitled to payment of attorney fees, litigation costs and
769-interest pursuant to subsection (f). SENATE BILL No. 458—page 14
770-(f) (1) The court shall may order a claimant who fails to establish
771-that a substantial portion of the claimant's interest is exempt from
772-forfeiture under K.S.A. 60-4105, and amendments thereto, to pay the
773-reasonable costs and expenses of any claimant who established such
774-claimant's interest is exempt from forfeiture under K.S.A. 60-4105, and
775-amendments thereto, and to pay the reasonable costs and expenses of
776-the seizing agency for the investigation and litigation of the matter,
777-including reasonable attorney fees, in connection with that claimant.
778-(2) In any proceeding in which the court finds that the claimant
779-has prevailed by ordering the return of at least half of the aggregate
780-value of the claimant's interest in the property or currency in which the
781-claimant asserted an interest, the court shall order the seizing agency
782-to pay:
783-(A) Reasonable attorney fees and other litigation costs incurred
784-by the claimant;
1547+hearing there was reasonable cause for the seizure for forfeiture or for the
1548+filing of the notice of pending forfeiture or complaint, the court shall cause
1549+a finding to be entered that reasonable cause existed, or that any such
1550+action was taken under a reasonable good faith belief that it was proper,
1551+and the claimant is not entitled to costs or damages, and the person or
1552+seizing agency who made the seizure, and the plaintiff's attorney, are not
1553+liable to suit or judgment on account of the seizure, suit or prosecution.
1554+Nothing in this subsection shall affect whether a claimant is entitled to
1555+payment of attorney fees, litigation costs and interest pursuant to
1556+subsection (f).
1557+(f) (1) The court shall may order a claimant who fails to establish that
1558+a substantial portion of the claimant's interest is exempt from forfeiture
1559+under K.S.A. 60-4105, and amendments thereto, to pay the reasonable
1560+costs and expenses of any claimant who established such claimant's
1561+interest is exempt from forfeiture under K.S.A. 60-4105, and amendments
1562+thereto, and to pay the reasonable costs and expenses of the seizing agency
1563+for the investigation and litigation of the matter, including reasonable
1564+attorney fees, in connection with that claimant.
1565+(2) In any proceeding in which the court finds that the claimant has
1566+prevailed by ordering the return of at least half of the aggregate value of
1567+the claimant's interest in the property or currency in which the claimant
1568+asserted an interest, the court shall order the seizing agency to pay:
1569+(A) Reasonable attorney fees and other litigation costs incurred by
1570+the claimant;
7851571 (B) post judgment interest; and
786-(C) in cases involving currency, other negotiable instruments or
787-the proceeds of an interlocutory sale, any interest actually paid from
788-the date of seizure.
1572+(C) in cases involving currency, other negotiable instruments or the
1573+proceeds of an interlocutory sale, any interest actually paid from the date
1574+of seizure.
7891575 (g) If there are multiple claims to the same property, the seizing
790-agency shall not be liable for attorney fees and costs associated with
791-any claim if the seizing agency:
1576+agency shall not be liable for attorney fees and costs associated with any
1577+claim if the seizing agency:
7921578 (1) Promptly recognizes such claim;
793-(2) promptly returns the interest of the claimant in the property to
794-the claimant, if the property can be divided without difficulty and there
795-are no competing claims to that portion of the property;
796-(3) does not cause the claimant to incur additional costs or fees;
797-and
798-(4) prevails in obtaining forfeiture with respect to one or more of
799-the other claims.
800-(h) If more than one law enforcement agency is substantially
801-involved in effecting a forfeiture pursuant to this act, and no
802-interagency agreement exists, the court shall equitably distribute the
803-proceeds among such agencies.
804-(h)(i) Notwithstanding any other provision of law, upon the
805-request of the intellectual property owner, all seized items bearing a
806-counterfeit mark shall be released to the intellectual property owner for
807-destruction or disposition. If the intellectual property owner does not
808-request release of seized items bearing a counterfeit mark, such items
809-shall be destroyed unless the intellectual property owner consents to
810-another disposition.
811-Sec. 9. K.S.A. 2023 Supp. 60-4117 is hereby amended to read as
812-follows: 60-4117. Except as provided in K.S.A. 65-7014, and
813-amendments thereto: (a) When property is forfeited under this act, the
814-law enforcement agency may:
1579+(2) promptly returns the interest of the claimant in the property to the
1580+claimant, if the property can be divided without difficulty and there are no
1581+1
1582+2
1583+3
1584+4
1585+5
1586+6
1587+7
1588+8
1589+9
1590+10
1591+11
1592+12
1593+13
1594+14
1595+15
1596+16
1597+17
1598+18
1599+19
1600+20
1601+21
1602+22
1603+23
1604+24
1605+25
1606+26
1607+27
1608+28
1609+29
1610+30
1611+31
1612+32
1613+33
1614+34
1615+35
1616+36
1617+37
1618+38
1619+39
1620+40
1621+41
1622+42
1623+43 SB 458 20
1624+competing claims to that portion of the property;
1625+(3) does not cause the claimant to incur additional costs or fees; and
1626+(4) prevails in obtaining forfeiture with respect to one or more of the
1627+other claims.
1628+(h) If more than one law enforcement agency is substantially involved
1629+in effecting a forfeiture pursuant to this act, and no interagency agreement
1630+exists, the court shall equitably distribute the proceeds among such
1631+agencies.
1632+(h)(i) Notwithstanding any other provision of law, upon the request of
1633+the intellectual property owner, all seized items bearing a counterfeit mark
1634+shall be released to the intellectual property owner for destruction or
1635+disposition. If the intellectual property owner does not request release of
1636+seized items bearing a counterfeit mark, such items shall be destroyed
1637+unless the intellectual property owner consents to another disposition.
1638+Sec. 10. K.S.A. 2023 Supp. 60-4117 is hereby amended to read as
1639+follows: 60-4117. Except as provided in K.S.A. 65-7014, and amendments
1640+thereto: (a) When property is forfeited under this act, the law enforcement
1641+agency may:
8151642 (1) Retain such property for official use or transfer the custody or
8161643 ownership to any local, or state or federal agency, subject to any lien
8171644 preserved by the court;
818-(2) transfer the custody or ownership to any federal agency if
819-authorized pursuant to K.S.A. 60-4107, and amendments thereto;
820-(3) destroy or use for investigative or training purposes, any illegal
821-or controlled substances and equipment or other contraband, provided
822-that materials necessary as evidence shall be preserved;
823-(3)(4) sell property which is not required by law to be destroyed
824-and which is not harmful to the public:
1645+(2) transfer the custody or ownership to any federal agency if the
1646+property was seized and forfeited pursuant to federal law;
1647+(3) destroy or use for investigative or training purposes, any illegal or
1648+controlled substances and equipment or other contraband, provided that
1649+materials necessary as evidence shall be preserved;
1650+(3)(4) sell property which is not required by law to be destroyed and
1651+which is not harmful to the public:
8251652 (A) All property, except real property, designated by the seizing
826-agency to be sold shall be sold at public sale to the highest bidder for
827-cash without appraisal. The seizing agency shall first cause notice of
828-the sale to be made by publication at least once in an official county SENATE BILL No. 458—page 15
829-newspaper as defined by K.S.A. 64-101, and amendments thereto. Such
830-notice shall include the time, place, and conditions of the sale and
831-description of the property to be sold. Nothing in this subsection shall
832-prevent a state agency from using the state surplus property system and
833-such system's procedures shall be sufficient to meet the requirements of
834-this subsection.
1653+agency to be sold shall be sold at public sale to the highest bidder for cash
1654+without appraisal. The seizing agency shall first cause notice of the sale to
1655+be made by publication at least once in an official county newspaper as
1656+defined by K.S.A. 64-101, and amendments thereto. Such notice shall
1657+include the time, place, and conditions of the sale and description of the
1658+property to be sold. Nothing in this subsection shall prevent a state agency
1659+from using the state surplus property system and such system's procedures
1660+shall be sufficient to meet the requirements of this subsection.
8351661 (B) Real property may be sold pursuant to subsection (a)(3)(A), or
8361662 the seizing agency may contract with a real estate company, licensed in
8371663 this state, to list, advertise and sell such real property in a commercially
8381664 reasonable manner.
8391665 (C) No employee or public official of any agency involved in the
8401666 investigation, seizure or forfeiture of seized property may purchase or
1667+1
1668+2
1669+3
1670+4
1671+5
1672+6
1673+7
1674+8
1675+9
1676+10
1677+11
1678+12
1679+13
1680+14
1681+15
1682+16
1683+17
1684+18
1685+19
1686+20
1687+21
1688+22
1689+23
1690+24
1691+25
1692+26
1693+27
1694+28
1695+29
1696+30
1697+31
1698+32
1699+33
1700+34
1701+35
1702+36
1703+37
1704+38
1705+39
1706+40
1707+41
1708+42
1709+43 SB 458 21
8411710 attempt to purchase such property; or
842-(4)(5) salvage the property, subject to any lien preserved by the
843-court.
1711+(4)(5) salvage the property, subject to any lien preserved by the court.
8441712 (b) When firearms are forfeited under this act, the firearms in the
845-discretion of the seizing agency, shall be destroyed, used within the
846-seizing agency for official purposes, traded to another law enforcement
847-agency for use within such agency or given to the Kansas bureau of
848-investigation for law enforcement, testing, comparison or destruction
849-by the Kansas bureau of investigation forensic laboratory.
1713+discretion of the seizing agency, shall be destroyed, used within the seizing
1714+agency for official purposes, traded to another law enforcement agency for
1715+use within such agency or given to the Kansas bureau of investigation for
1716+law enforcement, testing, comparison or destruction by the Kansas bureau
1717+of investigation forensic laboratory.
8501718 (c) The proceeds of any sale shall be distributed in the following
8511719 order of priority:
852-(1) For satisfaction of any court preserved security interest or lien,
853-or in the case of a violation, as defined by K.S.A. 60-4104(i), and
854-amendments thereto, the proceeds shall be remitted to the state
855-treasurer in accordance with the provisions of K.S.A. 75-4215, and
856-amendments thereto. Upon receipt of such remittance, the state
857-treasurer shall deposit the entire amount into the state treasury to the
858-credit of the medicaid fraud reimbursement fund;
859-(2) thereafter, for payment of all proper expenses of the
860-proceedings for forfeiture and disposition, including expenses of
861-seizure, inventory, appraisal, maintenance of custody, preservation of
862-availability, advertising, service of process, sale and court costs;
1720+(1) For satisfaction of any court preserved security interest or lien, or
1721+in the case of a violation, as defined by K.S.A. 60-4104(i), and
1722+amendments thereto, the proceeds shall be remitted to the state treasurer in
1723+accordance with the provisions of K.S.A. 75-4215, and amendments
1724+thereto. Upon receipt of such remittance, the state treasurer shall deposit
1725+the entire amount into the state treasury to the credit of the medicaid fraud
1726+reimbursement fund;
1727+(2) thereafter, for payment of all proper expenses of the proceedings
1728+for forfeiture and disposition, including expenses of seizure, inventory,
1729+appraisal, maintenance of custody, preservation of availability, advertising,
1730+service of process, sale and court costs;
8631731 (3) reasonable attorney fees:
8641732 (A) If the plaintiff's attorney is a county or district attorney, an
865-assistant, or another governmental agency's attorney, fees shall not
866-exceed 15% of the total proceeds, less the amounts of subsection (c)(1)
867-and (2), in an uncontested forfeiture nor 20% of the total proceeds, less
868-the amounts of subsection (c)(1) and (2), in a contested forfeiture. Such
869-fees shall be deposited in the county or city treasury and credited to the
870-special prosecutor's trust fund. Moneys in such fund shall not be
871-considered a source of revenue to meet normal operating expenditures,
872-including salary enhancement. Such fund shall be expended by the
873-county or district attorney, or other governmental agency's attorney
874-through the normal county or city appropriation system and shall be
875-used for such additional law enforcement and prosecutorial purposes as
876-the county or district attorney or other governmental agency's attorney
877-deems appropriate, including educational purposes. All moneys derived
878-from past or pending forfeitures shall be expended pursuant to this act.
879-The board of county commissioners shall provide adequate funding to
880-the county or district attorney's office to enable such office to enforce
881-this act. Neither future forfeitures nor the proceeds therefrom shall be
882-used in planning or adopting a county or district attorney's budget;
883-(B) if the plaintiff's attorney is the attorney general and the
884-conduct and offense giving rise to forfeiture is pursuant to K.S.A. 60-
885-4104(i), and amendments thereto, fees shall not exceed 15% of the total
886-proceeds, less the amounts of subsection (c)(1) and (2) in an
887-uncontested forfeiture nor 20% of the total proceeds, less the amounts SENATE BILL No. 458—page 16
888-of subsection (c)(1) and (2) in a contested forfeiture. Such fees shall be
889-remitted to the state treasurer in accordance with the provisions of
890-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
891-remittance, the state treasurer shall deposit the entire amount in the
892-state treasury to the credit of the medicaid fraud prosecution revolving
893-fund. Moneys paid into the medicaid fraud prosecution revolving fund
894-pursuant to this subsection shall be appropriated to the attorney general
895-for use by the attorney general in the investigation and prosecution of
896-medicaid fraud and abuse; or
897-(C) if the plaintiff's attorney is a private attorney, such reasonable
898-fees shall be negotiated by the employing law enforcement agency;
899-(4) repayment of law enforcement funds expended in purchasing
900-of contraband or controlled substances, subject to any interagency
901-agreement.
1733+assistant, or another governmental agency's attorney, fees shall not exceed
1734+15% of the total proceeds, less the amounts of subsection (c)(1) and (2), in
1735+an uncontested forfeiture nor 20% of the total proceeds, less the amounts
1736+of subsection (c)(1) and (2), in a contested forfeiture. Such fees shall be
1737+deposited in the county or city treasury and credited to the special
1738+prosecutor's trust fund. Moneys in such fund shall not be considered a
1739+source of revenue to meet normal operating expenditures, including salary
1740+enhancement. Such fund shall be expended by the county or district
1741+attorney, or other governmental agency's attorney through the normal
1742+county or city appropriation system and shall be used for such additional
1743+law enforcement and prosecutorial purposes as the county or district
1744+attorney or other governmental agency's attorney deems appropriate,
1745+including educational purposes. All moneys derived from past or pending
1746+forfeitures shall be expended pursuant to this act. The board of county
1747+commissioners shall provide adequate funding to the county or district
1748+attorney's office to enable such office to enforce this act. Neither future
1749+forfeitures nor the proceeds therefrom shall be used in planning or
1750+adopting a county or district attorney's budget;
1751+(B) if the plaintiff's attorney is the attorney general and the conduct
1752+and offense giving rise to forfeiture is pursuant to K.S.A. 60-4104(i), and
1753+1
1754+2
1755+3
1756+4
1757+5
1758+6
1759+7
1760+8
1761+9
1762+10
1763+11
1764+12
1765+13
1766+14
1767+15
1768+16
1769+17
1770+18
1771+19
1772+20
1773+21
1774+22
1775+23
1776+24
1777+25
1778+26
1779+27
1780+28
1781+29
1782+30
1783+31
1784+32
1785+33
1786+34
1787+35
1788+36
1789+37
1790+38
1791+39
1792+40
1793+41
1794+42
1795+43 SB 458 22
1796+amendments thereto, fees shall not exceed 15% of the total proceeds, less
1797+the amounts of subsection (c)(1) and (2) in an uncontested forfeiture nor
1798+20% of the total proceeds, less the amounts of subsection (c)(1) and (2) in
1799+a contested forfeiture. Such fees shall be remitted to the state treasurer in
1800+accordance with the provisions of K.S.A. 75-4215, and amendments
1801+thereto. Upon receipt of each such remittance, the state treasurer shall
1802+deposit the entire amount in the state treasury to the credit of the medicaid
1803+fraud prosecution revolving fund. Moneys paid into the medicaid fraud
1804+prosecution revolving fund pursuant to this subsection shall be
1805+appropriated to the attorney general for use by the attorney general in the
1806+investigation and prosecution of medicaid fraud and abuse; or
1807+(C) if the plaintiff's attorney is a private attorney, such reasonable fees
1808+shall be negotiated by the employing law enforcement agency;
1809+(4) repayment of law enforcement funds expended in purchasing of
1810+contraband or controlled substances, subject to any interagency agreement.
9021811 (d) Any proceeds remaining shall be credited as follows, subject to
9031812 any interagency agreement:
904-(1) If the law enforcement agency is a state agency, the entire
905-amount shall be deposited in the state treasury and credited to such
906-agency's state forfeiture fund. There is hereby established in the state
907-treasury the following state funds: Kansas bureau of investigation state
908-forfeiture fund, Kansas attorney general's state medicaid fraud
909-forfeiture fund, Kansas highway patrol state forfeiture fund, Kansas
910-department of corrections state forfeiture fund and Kansas national
911-guard counter drug state forfeiture fund. Expenditures from the Kansas
912-bureau of investigation state forfeiture fund shall be made upon
913-warrants of the director of accounts and reports issued pursuant to
914-vouchers approved by the attorney general or by a person or persons
915-designated by the attorney general. Expenditures from the Kansas
916-attorney general's state medicaid fraud forfeiture fund shall be made
917-upon warrants of the director of accounts and reports issued pursuant to
918-vouchers approved by the attorney general or by a person or persons
919-designated by the attorney general. Expenditures from the Kansas
920-highway patrol state forfeiture fund shall be made upon warrants of the
921-director of accounts and reports issued pursuant to vouchers approved
922-by the superintendent of the highway patrol or by a person or persons
923-designated by the superintendent. Expenditures from the Kansas
924-department of corrections state forfeiture fund shall be made upon
925-warrants of the director of accounts and reports issued pursuant to
926-vouchers approved by the secretary of the department of corrections or
927-by a person or persons designated by the secretary. Expenditures from
928-the Kansas national guard counter drug state forfeiture fund shall be
929-made upon warrants of the director of accounts and reports issued
930-pursuant to vouchers approved by the adjutant general of Kansas or by
931-a person or persons designated by the adjutant general.
1813+(1) If the law enforcement agency is a state agency, the entire amount
1814+shall be deposited in the state treasury and credited to such agency's state
1815+forfeiture fund. There is hereby established in the state treasury the
1816+following state funds: Kansas bureau of investigation state forfeiture fund,
1817+Kansas attorney general's state medicaid fraud forfeiture fund, Kansas
1818+highway patrol state forfeiture fund, Kansas department of corrections
1819+state forfeiture fund and Kansas national guard counter drug state
1820+forfeiture fund. Expenditures from the Kansas bureau of investigation state
1821+forfeiture fund shall be made upon warrants of the director of accounts and
1822+reports issued pursuant to vouchers approved by the attorney general or by
1823+a person or persons designated by the attorney general. Expenditures from
1824+the Kansas attorney general's state medicaid fraud forfeiture fund shall be
1825+made upon warrants of the director of accounts and reports issued pursuant
1826+to vouchers approved by the attorney general or by a person or persons
1827+designated by the attorney general. Expenditures from the Kansas highway
1828+patrol state forfeiture fund shall be made upon warrants of the director of
1829+accounts and reports issued pursuant to vouchers approved by the
1830+superintendent of the highway patrol or by a person or persons designated
1831+by the superintendent. Expenditures from the Kansas department of
1832+corrections state forfeiture fund shall be made upon warrants of the
1833+director of accounts and reports issued pursuant to vouchers approved by
1834+the secretary of the department of corrections or by a person or persons
1835+designated by the secretary. Expenditures from the Kansas national guard
1836+counter drug state forfeiture fund shall be made upon warrants of the
1837+director of accounts and reports issued pursuant to vouchers approved by
1838+the adjutant general of Kansas or by a person or persons designated by the
1839+1
1840+2
1841+3
1842+4
1843+5
1844+6
1845+7
1846+8
1847+9
1848+10
1849+11
1850+12
1851+13
1852+14
1853+15
1854+16
1855+17
1856+18
1857+19
1858+20
1859+21
1860+22
1861+23
1862+24
1863+25
1864+26
1865+27
1866+28
1867+29
1868+30
1869+31
1870+32
1871+33
1872+34
1873+35
1874+36
1875+37
1876+38
1877+39
1878+40
1879+41
1880+42
1881+43 SB 458 23
1882+adjutant general.
9321883 (2) If the law enforcement agency is a city or county agency, the
9331884 entire amount shall be deposited in such city or county treasury and
9341885 credited to a special law enforcement trust fund.
935-(e) (1) Moneys in the Kansas bureau of investigation state
936-forfeiture fund, Kansas highway patrol state forfeiture fund, Kansas
937-department of corrections state forfeiture fund, the special law
938-enforcement trust funds and the Kansas national guard counter drug
939-state forfeiture fund shall not be considered a source of revenue to meet
940-normal operating expenses. Such funds shall be expended by the
941-agencies or departments through the normal city, county or state
942-appropriation system and shall be used for such special, additional law
943-enforcement purposes specified in subsection (e)(2) as the law
944-enforcement agency head deems appropriate. Neither future forfeitures
945-nor the proceeds from such forfeitures shall be used in planning or
946-adopting a law enforcement agency's budget. SENATE BILL No. 458—page 17
947-(2) Moneys in the funds described in subsection (e)(1) shall be
948-used only for the following special, additional law enforcement
949-purposes:
950-(A) The support of investigations and operations that further the
951-law enforcement agency's goals or missions;
1886+(e) (1) Moneys in the Kansas bureau of investigation state forfeiture
1887+fund, Kansas highway patrol state forfeiture fund, Kansas department of
1888+corrections state forfeiture fund, the special law enforcement trust funds
1889+and the Kansas national guard counter drug state forfeiture fund shall not
1890+be considered a source of revenue to meet normal operating expenses.
1891+Such funds shall be expended by the agencies or departments through the
1892+normal city, county or state appropriation system and shall be used for
1893+such special, additional law enforcement purposes specified in subsection
1894+(e)(2) as the law enforcement agency head deems appropriate. Neither
1895+future forfeitures nor the proceeds from such forfeitures shall be used in
1896+planning or adopting a law enforcement agency's budget.
1897+(2) Moneys in the funds described in subsection (e)(1) shall be used
1898+only for the following special, additional law enforcement purposes:
1899+(A) The support of investigations and operations that further the law
1900+enforcement agency's goals or missions;
9521901 (B) the training of investigators, prosecutors and sworn and non-
953-sworn law enforcement personnel in any area that is necessary to
954-perform official law enforcement duties;
1902+sworn law enforcement personnel in any area that is necessary to perform
1903+official law enforcement duties;
9551904 (C) the costs associated with the purchase, lease, construction,
9561905 expansion, improvement or operation of law enforcement or detention
9571906 facilities used or managed by the recipient agency;
9581907 (D) the costs associated with the purchase, lease, maintenance or
9591908 operation of law enforcement equipment for use by law enforcement
9601909 personnel that supports law enforcement activities;
961-(E) the costs associated with the purchase of multi-use equipment
962-and operations used by both law enforcement and non-law enforcement
1910+(E) the costs associated with the purchase of multi-use equipment and
1911+operations used by both law enforcement and non-law enforcement
9631912 personnel;
9641913 (F) the costs associated with a contract for a specific service that
9651914 supports or enhances law enforcement;
966-(G) the costs associated with travel and transportation to perform
967-or in support of law enforcement duties and activities;
968-(H) the costs associated with the purchase of plaques and
969-certificates for law enforcement personnel in recognition of a law
970-enforcement achievement, activity or training;
971-(I) the costs associated with conducting awareness programs by
972-law enforcement agencies;
973-(J) the costs associated with paying a state or local law
974-enforcement agency's matching contribution or share in a state or
975-federal grant program for items other than salaries;
976-(K) cash transfers from one state or local law enforcement agency
977-to another in support of the law enforcement agency's goals or
978-missions; and
979-(L) transfers from a state or local law enforcement agency to a
980-state, county or local governmental agency or community non-profit
981-organization in support of the law enforcement agency's goals or
982-missions; and
983-(M) payment of attorney fees, litigation costs and interest ordered
984-by a court pursuant to K.S.A. 60-4116, and amendments thereto.
1915+(G) the costs associated with travel and transportation to perform or
1916+in support of law enforcement duties and activities;
1917+(H) the costs associated with the purchase of plaques and certificates
1918+for law enforcement personnel in recognition of a law enforcement
1919+achievement, activity or training;
1920+(I) the costs associated with conducting awareness programs by law
1921+enforcement agencies;
1922+(J) the costs associated with paying a state or local law enforcement
1923+agency's matching contribution or share in a state or federal grant program
1924+for items other than salaries;
1925+1
1926+2
1927+3
1928+4
1929+5
1930+6
1931+7
1932+8
1933+9
1934+10
1935+11
1936+12
1937+13
1938+14
1939+15
1940+16
1941+17
1942+18
1943+19
1944+20
1945+21
1946+22
1947+23
1948+24
1949+25
1950+26
1951+27
1952+28
1953+29
1954+30
1955+31
1956+32
1957+33
1958+34
1959+35
1960+36
1961+37
1962+38
1963+39
1964+40
1965+41
1966+42
1967+43 SB 458 24
1968+(K) cash transfers from one state or local law enforcement agency to
1969+another in support of the law enforcement agency's goals or missions; and
1970+(L) transfers from a state or local law enforcement agency to a state,
1971+county or local governmental agency or community non-profit
1972+organization in support of the law enforcement agency's goals or missions;
1973+and
1974+(M) payment of attorney fees, litigation costs and interest ordered by
1975+a court pursuant to K.S.A. 60-4116, and amendments thereto.
9851976 (3) Moneys in the funds described in subsection (e)(1) shall be
986-separated and accounted for in a manner that allows accurate tracking
987-and reporting of deposits and expenditures of the following categories
988-of money:
1977+separated and accounted for in a manner that allows accurate tracking and
1978+reporting of deposits and expenditures of the following categories of
1979+money:
9891980 (A) Proceeds from forfeiture credited to the fund pursuant to this
9901981 section;
9911982 (B) proceeds from pending forfeiture actions under this act; and
9921983 (C) proceeds from forfeiture actions under federal law.
993-(f) Moneys in the Kansas attorney general's medicaid fraud
994-forfeiture fund shall defray costs of the attorney general in connection
995-with the duties of investigating and prosecuting medicaid fraud and
996-abuse.
1984+(f) Moneys in the Kansas attorney general's medicaid fraud forfeiture
1985+fund shall defray costs of the attorney general in connection with the
1986+duties of investigating and prosecuting medicaid fraud and abuse.
9971987 (g) (1) If the law enforcement agency is a state agency, such agency
9981988 shall compile and submit a forfeiture fund report to the legislature on or
9991989 before February 1 of each year. Such report shall include, but not be
1000-limited to: (A) The fund balance on December 1; and (B) the deposits
1001-and expenditures for the previous 12-month period ending December 1.
1990+limited to: (A) The fund balance on December 1; and (B) the deposits and
1991+expenditures for the previous 12-month period ending December 1.
10021992 (2) If the law enforcement agency is a city or county agency, such
1003-agency shall compile and submit annually a special law enforcement
1004-trust fund report to the entity that has budgetary authority over such
1005-agency and such report shall specify, for such period, the type and SENATE BILL No. 458—page 18
1006-approximate value of the forfeited property received, the amount of any
1007-forfeiture proceeds received and how any of those proceeds were
1008-expended.
1993+agency shall compile and submit annually a special law enforcement trust
1994+fund report to the entity that has budgetary authority over such agency and
1995+such report shall specify, for such period, the type and approximate value
1996+of the forfeited property received, the amount of any forfeiture proceeds
1997+received and how any of those proceeds were expended.
10091998 (3) The provisions of this subsection shall expire on July 1, 2019.
1010-Sec. 10. K.S.A. 2023 Supp. 60-4127 is hereby amended to read as
1999+Sec. 11. K.S.A. 2023 Supp. 60-4127 is hereby amended to read as
10112000 follows: 60-4127. (a) On or before July 1, 2019, The Kansas bureau of
10122001 investigation shall establish the Kansas asset seizure and forfeiture
1013-repository. The repository shall gather information concerning each
1014-seizure for forfeiture made by a seizing agency pursuant to the Kansas
1015-standard asset seizure and forfeiture act including, but not limited to,
1016-the following:
1017-(1) The name of the seizing agency or the name of the lead agency
1018-if part of a multi-jurisdictional task force;
2002+repository. The repository shall gather information concerning each seizure
2003+for forfeiture made by a seizing agency pursuant to the Kansas standard
2004+asset seizure and forfeiture act including, but not limited to, the following:
2005+(1) The name of the seizing agency or the name of the lead agency if
2006+part of a multi-jurisdictional task force;
10192007 (2) the county where the seizure occurred;
10202008 (3) the date and time the seizure occurred;
10212009 (4) any applicable agency or district court case numbers for the
10222010 seizure;
1023-(5) a description of the initiating law enforcement activity leading
1024-to the seizure;
1025-(6) a description of the specific location where the seizure
1026-occurred;
2011+1
2012+2
2013+3
2014+4
2015+5
2016+6
2017+7
2018+8
2019+9
2020+10
2021+11
2022+12
2023+13
2024+14
2025+15
2026+16
2027+17
2028+18
2029+19
2030+20
2031+21
2032+22
2033+23
2034+24
2035+25
2036+26
2037+27
2038+28
2039+29
2040+30
2041+31
2042+32
2043+33
2044+34
2045+35
2046+36
2047+37
2048+38
2049+39
2050+40
2051+41
2052+42
2053+43 SB 458 25
2054+(5) a description of the initiating law enforcement activity leading to
2055+the seizure;
2056+(6) a description of the specific location where the seizure occurred;
10272057 (7) the conduct or offense giving rise to the forfeiture;
10282058 (8) a description of the type of property seized and the estimated
10292059 value;
1030-(9) a description of the type of contraband seized and the
1031-estimated value;
1032-(10) whether criminal charges were filed for an offense related to
1033-the forfeiture and, if so, court and case number information for the
1034-criminal charges;
2060+(9) a description of the type of contraband seized and the estimated
2061+value;
2062+(10) whether criminal charges were filed for an offense related to the
2063+forfeiture and, if so, court and case number information for the criminal
2064+charges;
10352065 (11) a description of the final disposition of the forfeiture action,
10362066 including a description of the disposition of any claim or exemption
10372067 asserted under this act;
1038-(12) whether the forfeiture was transferred to the federal
1039-government for disposition;
1040-(13) the total cost of the forfeiture action, including attorney fees;
1041-and
2068+(12) whether the forfeiture was transferred to the federal government
2069+for disposition;
2070+(13) the total cost of the forfeiture action, including attorney fees; and
10422071 (14) the total amount of proceeds from the forfeiture action,
10432072 specifying the amount received by the seizing agency and the amount
10442073 received by any other agency or person.
10452074 (b) On and after July 1, 2019, The Kansas bureau of investigation
10462075 shall maintain the repository and an associated public website. On or
1047-before July 1, 2019, The Kansas bureau of investigation shall
1048-promulgate rules and regulations to implement this section.
2076+before July 1, 2019, The Kansas bureau of investigation shall promulgate
2077+rules and regulations to implement this section.
10492078 (c) On and after July 1, 2019, Each seizing agency shall report
10502079 information concerning each seizure for forfeiture to the Kansas asset
1051-seizure and forfeiture repository as required by this section and the
1052-rules and regulations promulgated pursuant to this section. The
1053-prosecuting attorney shall submit information concerning each
1054-forfeiture action to the seizing agency within 30 days after the final
1055-disposition of the forfeiture. The seizing agency shall submit the
1056-required information to the repository within 60 days after the final
1057-disposition of the forfeiture.
2080+seizure and forfeiture repository as required by this section and the rules
2081+and regulations promulgated pursuant to this section. The prosecuting
2082+attorney shall submit information concerning each forfeiture action to the
2083+seizing agency within 30 days after the final disposition of the forfeiture.
2084+The seizing agency shall submit the required information to the repository
2085+within 60 days after the final disposition of the forfeiture.
10582086 (d) On or before February 1, 2020, and Annually, on or before
10592087 February 1 thereafter, each law enforcement agency shall compile and
10602088 submit a forfeiture fund financial report to the Kansas asset seizure and
10612089 forfeiture repository as required by this section and the rules and
10622090 regulations promulgated pursuant to this section.
1063-(1) If the law enforcement agency is a state agency, the report
1064-shall include, but not be limited to: SENATE BILL No. 458—page 19
2091+(1) If the law enforcement agency is a state agency, the report shall
2092+include, but not be limited to:
10652093 (A) The agency's state forfeiture fund balance on January 1 and
10662094 December 31 of the preceding calendar year; and
10672095 (B) the total amount of the deposits and a listing, by category, of
10682096 expenditures from January 1 through December 31 of the preceding
2097+1
2098+2
2099+3
2100+4
2101+5
2102+6
2103+7
2104+8
2105+9
2106+10
2107+11
2108+12
2109+13
2110+14
2111+15
2112+16
2113+17
2114+18
2115+19
2116+20
2117+21
2118+22
2119+23
2120+24
2121+25
2122+26
2123+27
2124+28
2125+29
2126+30
2127+31
2128+32
2129+33
2130+34
2131+35
2132+36
2133+37
2134+38
2135+39
2136+40
2137+41
2138+42
2139+43 SB 458 26
10692140 calendar year.
10702141 (2) If the law enforcement agency is a city or county agency, the
10712142 report shall include, but not be limited to:
10722143 (A) The agency's special law enforcement trust fund balance on
10732144 January 1 and December 31 of the preceding calendar year; and
10742145 (B) the total amount of the deposits and a listing, by category, of
10752146 expenditures from January 1 through December 31 of the preceding
10762147 calendar year.
10772148 (3) The report shall separate and account for:
1078-(A) Deposits and expenditures from proceeds from forfeiture
1079-credited to the fund pursuant to K.S.A. 60-4117, and amendments
1080-thereto;
1081-(B) deposits and expenditures from proceeds from forfeiture
1082-actions under federal law; and
1083-(C) amounts held by the agency related to pending forfeiture
1084-actions under the Kansas standard asset seizure and forfeiture act.
1085-(e) (1) On March 1, 2020, and Annually, on March 1 thereafter,
1086-the Kansas bureau of investigation shall determine whether each
1087-agency's forfeiture fund financial report matches the agency's seizing
1088-report. If the Kansas bureau of investigation determines that an
1089-agency's financial report does not substantially match that agency's
1090-seizing report or the agency has not submitted a financial report, the
1091-Kansas bureau of investigation shall notify such agency of the
1092-difference in reports. Such agency shall correct the reporting error
1093-within 30 days. If the reporting error is not corrected within 30 days,
1094-the Kansas bureau of investigation shall send such law enforcement
1095-agency, and the county or district attorney for the county in which such
1096-law enforcement agency is located, a certified letter notifying such
1097-agency that it is out of compliance. Upon receipt of such letter, no
2149+(A) Deposits and expenditures from proceeds from forfeiture credited
2150+to the fund pursuant to K.S.A. 60-4117, and amendments thereto;
2151+(B) deposits and expenditures from proceeds from forfeiture actions
2152+under federal law; and
2153+(C) amounts held by the agency related to pending forfeiture actions
2154+under the Kansas standard asset seizure and forfeiture act.
2155+(e) (1) On March 1, 2020, and Annually, on March 1 thereafter, the
2156+Kansas bureau of investigation shall determine whether each agency's
2157+forfeiture fund financial report matches the agency's seizing report. If the
2158+Kansas bureau of investigation determines that an agency's financial report
2159+does not substantially match that agency's seizing report or the agency has
2160+not submitted a financial report, the Kansas bureau of investigation shall
2161+notify such agency of the difference in reports. Such agency shall correct
2162+the reporting error within 30 days. If the reporting error is not corrected
2163+within 30 days, the Kansas bureau of investigation shall send such law
2164+enforcement agency, and the county or district attorney for the county in
2165+which such law enforcement agency is located, a certified letter notifying
2166+such agency that it is out of compliance. Upon receipt of such letter, no
10982167 forfeiture proceedings shall be filed on property seized by such law
10992168 enforcement agency. When such law enforcement agency has achieved
11002169 compliance with the reporting requirements, the bureau shall send such
1101-law enforcement agency, and the county or district attorney for the
1102-county in which such law enforcement agency is located, a certified
1103-letter notifying such agency that it is in compliance and forfeiture
1104-proceeding filings may continue pursuant to this act.
2170+law enforcement agency, and the county or district attorney for the county
2171+in which such law enforcement agency is located, a certified letter
2172+notifying such agency that it is in compliance and forfeiture proceeding
2173+filings may continue pursuant to this act.
11052174 (2) Annually, on or before April 15, the Kansas bureau of
11062175 investigation shall report to the legislature president of the senate, the
11072176 speaker of the house of representatives and the standing committees on
11082177 judiciary in the senate and the house of representatives:
11092178 (A) Any law enforcement agencies in the state that have failed to
1110-come into compliance with the reporting requirements in subsection
1111-(d); and
1112-(B) each agency's forfeiture fund financial report submitted
1113-pursuant to subsection (d).
1114-Sec. 11. K.S.A. 2023 Supp. 60-4104, 60-4106, 60-4107, 60-4109,
1115-60-4111, 60-4112, 60-4113, 60-4116, 60-4117 and 60-4127 are hereby
1116-repealed. SENATE BILL No. 458—page 20
1117-Sec. 12. This act shall take effect and be in force from and after its
2179+come into compliance with the reporting requirements in subsection (d);
2180+and
2181+(B) each agency's forfeiture fund financial report submitted pursuant
2182+to subsection (d).
2183+1
2184+2
2185+3
2186+4
2187+5
2188+6
2189+7
2190+8
2191+9
2192+10
2193+11
2194+12
2195+13
2196+14
2197+15
2198+16
2199+17
2200+18
2201+19
2202+20
2203+21
2204+22
2205+23
2206+24
2207+25
2208+26
2209+27
2210+28
2211+29
2212+30
2213+31
2214+32
2215+33
2216+34
2217+35
2218+36
2219+37
2220+38
2221+39
2222+40
2223+41
2224+42
2225+43 SB 458 27
2226+Sec. 12. K.S.A. 2023 Supp. 60-4104, 60-4106, 60-4107, 60-4109, 60-
2227+4111, 60-4112, 60-4113, 60-4114, 60-4116, 60-4117 and 60-4127 are
2228+hereby repealed.
2229+Sec. 13. This act shall take effect and be in force from and after its
11182230 publication in the statute book.
1119-I hereby certify that the above BILL originated in the
1120-SENATE, and passed that body
1121-__________________________
1122-SENATE adopted
1123- Conference Committee Report ________________
1124-_________________________
1125-President of the Senate.
1126-_________________________
1127-Secretary of the Senate.
1128-
1129-Passed the HOUSE
1130- as amended _________________________
1131-HOUSE adopted
1132- Conference Committee Report ________________
1133-_________________________
1134-Speaker of the House.
1135-_________________________
1136-Chief Clerk of the House.
1137-APPROVED _____________________________
1138-_________________________
1139-Governor.
2231+1
2232+2
2233+3
2234+4
2235+5