SENATE BILL No. 458
AN ACT concerning seizure and forfeiture of property; relating to the Kansas standard
asset seizure and forfeiture act; specifying that certain drug offenses do not give rise
to forfeiture under the act; providing limitations on state and local law enforcement
agency requests for federal adoption of a seizure under the act; requiring courts to
make a finding that forfeiture is not excessive; restricting actions prior to
commencement of forfeiture proceedings; requiring probable cause affidavit filing
and review to commence forfeiture proceedings; increasing the burden of proof
required to forfeit property to clear and convincing evidence; authorizing courts to
order payment of attorney fees and costs for certain claimants; requiring the Kansas
bureau of investigation to submit forfeiture fund financial reports to the legislature;
amending K.S.A. 2023 Supp. 60-4104, 60-4106, 60-4107, 60-4109, 60-4111, 60-
4112, 60-4113, 60-4116, 60-4117 and 60-4127 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 60-4104 is hereby amended to read
as follows: 60-4104. Conduct and offenses giving rise to forfeiture
under this act, whether or not there is a prosecution or conviction
related to the offense, are:
(a) All offenses which statutorily and specifically authorize
forfeiture;
(b) violations involving controlled substances, as described in
K.S.A. 21-5701 through 21-5717 21-5703, 21-5705, 21-5707, 21-
5708(b), 21-5709(a), (b)(1), (c) and (d), 21-5710, 21-5713(a), 21-5714
and 21-5716, and amendments thereto;
(c) theft, as defined in K.S.A. 21-5801, and amendments thereto;
(d) criminal discharge of a firearm, as defined in K.S.A. 21-
6308(a)(1) and (a)(2), and amendments thereto;
(e) gambling, as defined in K.S.A. 21-6404, and amendments
thereto, and commercial gambling, as defined in K.S.A. 21-6406(a)(1),
and amendments thereto;
(f) counterfeiting, as defined in K.S.A. 21-5825, and amendments
thereto;
(g) unlawful possession or use of a scanning device or reencoder,
as described in K.S.A. 21-6108, and amendments thereto;
(h) medicaid fraud, as described in K.S.A. 21-5925 through 21-
5934, and amendments thereto;
(i) an act or omission occurring outside this state, which would be
a violation in the place of occurrence and would be described in this
section if the act occurred in this state, whether or not it is prosecuted in
any state;
(j) an act or omission committed in furtherance of any act or
omission described in this section including any inchoate or preparatory
offense, whether or not there is a prosecution or conviction related to
the act or omission;
(k) any solicitation or conspiracy to commit any act or omission
described in this section, whether or not there is a prosecution or
conviction related to the act or omission;
(l) terrorism, as defined in K.S.A. 21-5421, and amendments
thereto, illegal use of weapons of mass destruction, as defined in
K.S.A. 21-5422, and amendments thereto, and furtherance of terrorism
or illegal use of weapons of mass destruction, as described in K.S.A.
21-5423, and amendments thereto;
(m) unlawful conduct of dog fighting and unlawful possession of
dog fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b),
and amendments thereto;
(n) unlawful conduct of cockfighting and unlawful possession of
cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b),
and amendments thereto;
(o) selling sexual relations, as defined in K.S.A. 21-6419, and
amendments thereto, promoting the sale of sexual relations, as defined
in K.S.A. 21-6420, and amendments thereto, and buying sexual SENATE BILL No. 458—page 2
relations, as defined in K.S.A. 21-6421, and amendments thereto;
(p) human trafficking and aggravated human trafficking, as
defined in K.S.A. 21-5426, and amendments thereto;
(q) violations of the banking code, as described in K.S.A. 9-2012,
and amendments thereto;
(r) mistreatment of a dependent adult, as defined in K.S.A. 21-
5417, and amendments thereto;
(s) giving a worthless check, as defined in K.S.A. 21-5821, and
amendments thereto;
(t) forgery, as defined in K.S.A. 21-5823, and amendments
thereto;
(u) making false information, as defined in K.S.A. 21-5824, and
amendments thereto;
(v) criminal use of a financial card, as defined in K.S.A. 21-5828,
and amendments thereto;
(w) unlawful acts concerning computers, as described in K.S.A.
21-5839, and amendments thereto;
(x) identity theft and identity fraud, as defined in K.S.A. 21-
6107(a) and (b), and amendments thereto;
(y) electronic solicitation, as defined in K.S.A. 21-5509, and
amendments thereto;
(z) felony violations of fleeing or attempting to elude a police
officer, as described in K.S.A. 8-1568, and amendments thereto;
(aa) commercial sexual exploitation of a child, as defined in
K.S.A. 21-6422, and amendments thereto;
(bb) violations of the Kansas racketeer influenced and corrupt
organization act, as described in K.S.A. 21-6329, and amendments
thereto;
(cc) indecent solicitation of a child and aggravated indecent
solicitation of a child, as defined in K.S.A. 21-5508, and amendments
thereto;
(dd) sexual exploitation of a child, as defined in K.S.A. 21-5510,
and amendments thereto; and
(ee) violation of a consumer protection order as defined in K.S.A.
21-6423, and amendments thereto.
Sec. 2. K.S.A. 2023 Supp. 60-4106 is hereby amended to read as
follows: 60-4106. (a) Except as provided in this subsection, all
property, including all interests in property, described in K.S.A. 60-
4105, and amendments thereto, is subject to forfeiture subject to all
mortgages, deeds of trust, financing statements or security agreements
properly of record prior to the forfeiture held by an interest holder
except that property specifically exempted hereunder:.
(1) No real property or conveyance, or an interest therein, may be
forfeited under this act unless the offense or conduct giving rise to
forfeiture constitutes a felony.
(2) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this act unless the owner or other person in charge of the
conveyance is a consenting party or privy to a violation of this act.
(3) No property is subject to forfeiture under this act if the owner
or interest holder acquired the property before or during the conduct
giving rise to the property's forfeiture, and such owner or interest
holder:
(A) Did not know and could not have reasonably known of the act
or omission or that it was likely to occur; or
(B) acted reasonably to prevent the conduct giving rise to
forfeiture.
(4) No property is subject to forfeiture if the owner or interest
holder acquired the property after the conduct giving rise to the SENATE BILL No. 458—page 3
property's forfeiture, including acquisition of proceeds of conduct
giving rise to forfeiture, and such owner or interest holder:
(A) Acquired the property in good faith, for value; and
(B) was not knowingly taking part in an illegal transaction.
(5) (A) An interest in property acquired in good faith by an
attorney as reasonable payment or to secure payment for legal services
in a criminal matter relating to violations of this act or for the
reimbursement of reasonable expenses related to the legal services is
exempt from forfeiture unless before the interest was acquired the
attorney knew of a judicial determination of probable cause that the
property is subject to forfeiture.
(B) The state bears the burden of proving that an exemption
claimed under this section is not applicable. Evidence made available
by the compelled disclosure of confidential communications between
an attorney and a client other than nonprivileged information relating to
attorney fees, is not admissible to satisfy the state's burden of proof.
(b) Notwithstanding subsection (a), property is not exempt from
forfeiture, even though the owner or interest holder lacked knowledge
or reason to know that the conduct giving rise to property's forfeiture
had occurred or was likely to occur, if the:
(1) Person whose conduct gave rise to the property's forfeiture had
authority to convey the property of the person claiming the exemption
to a good faith purchaser for value at the time of the conduct;
(2) owner or interest holder is criminally responsible for the
conduct giving rise to the property's forfeiture, whether or not there is a
prosecution or conviction; or
(3) owner or interest holder acquired the property with notice of
the property's actual or constructive seizure for forfeiture under this act,
or with reason to believe that the property was subject to forfeiture
under this act.
(c) Prior to final judgment in a judicial forfeiture proceeding, a the
court shall limit the scope of a proposed forfeiture to the extent the
court finds the effect of the forfeiture is grossly disproportionate to the
nature and severity of the owner's conduct including, but not limited to,
a consideration of any of the following factors:
(1) The gain received or expected to be received by an owner from
conduct that allows forfeiture;
(2) the value of the property subject to forfeiture;
(3) the extent to which the property actually facilitated the
criminal conduct;
(4) the nature and extent of the owner's knowledge of the role of
others in the conduct that allows forfeiture of the property and efforts
of the owner to prevent the conduct; and
(5) the totality of the circumstances regarding the investigation
determine whether the proposed forfeiture is unconstitutionally
excessive pursuant to K.S.A. 60-4112(g), and amendments thereto, if
the court has not made such determination earlier in the proceeding as
a result of a petition filed pursuant to K.S.A. 60-4112(g), and
amendments thereto.
Sec. 3. K.S.A. 2023 Supp. 60-4107 is hereby amended to read as
follows: 60-4107. (a) Property may be seized for forfeiture by a law
enforcement officer upon process issued by the district court. The court
may issue a seizure warrant on an affidavit under oath demonstrating
that probable cause exists for the property's forfeiture or that the
property has been the subject of a previous final judgment of forfeiture
in the courts of any state or of the United States. The court may order
that the property be seized on such terms and conditions as are
reasonable in the discretion of the court. The order may be made on or
in connection with a search warrant. All real property is to be seized SENATE BILL No. 458—page 4
constructively or pursuant to a pre-seizure adversarial judicial
determination of probable cause, except that this determination may be
done ex parte when the attorney for the state has demonstrated exigent
circumstances to the court.
(b) Property may be seized for forfeiture by a law enforcement
officer without process on probable cause to believe the property is
subject to forfeiture under this act.
(c) Property may be seized constructively by:
(1) Posting notice of seizure for forfeiture or notice of pending
forfeiture on the property.
(2) Giving notice pursuant to K.S.A. 60-4109, and amendments
thereto.
(3) Filing or recording in the public records relating to that type of
property notice of seizure for forfeiture, notice of pending forfeiture, a
forfeiture lien or a lis pendens. Filings or recordings made pursuant to
this act are not subject to a filing fee or other charge, except that court
costs may be assessed and, if assessed, shall include the amount of the
docket fee prescribed by K.S.A. 60-2001, and amendments thereto, and
any additional court costs accrued in the action.
(d) The seizing agency shall make reasonable effort to provide
notice of the seizure to the person from whose whom possession or
control of the property was seized and any interest holder of record
within 30 days of seizing the property. If no person is in possession or
control, the seizing agency may attach the notice to the property or to
the place of the property's seizure or may make a reasonable effort to
deliver the notice to the owner of the property. The notice shall contain
a general description of the property seized, the date and place of
seizure, the name of the seizing agency and the address and telephone
number of the seizing officer or other person or agency from whom
information about the seizure may be obtained.
(e) A person who acts in good faith and in a reasonable manner to
comply with an order of the court or a request of a law enforcement
officer is not liable to any person on account of acts done in reasonable
compliance with the order or request. No liability may attach from the
fact that a person declines a law enforcement officer's request to deliver
property.
(f) A possessory lien of a person from whose whom possession of
the property is seized is not affected by the seizure.
(g) When property is seized for forfeiture under this act, the
seizing agency shall, within 45 days of 14 days after such seizure,
forward to the county or district attorney in whose jurisdiction the
seizure occurred, a written request for forfeiture which shall include a
statement of facts and circumstances of the seizure, the estimated value
of the property, the owner and lienholder of the property, the amount of
any lien, and a summary of the facts relied on for forfeiture.
(h) (1) Upon receipt of a written request for forfeiture from a local
law enforcement agency, the county or district attorney shall accept or
decline the request within 14 days. If
(2) Upon the expiration of the 14-day time limitation provided in
paragraph (1) or upon notification that the county or district attorney
declines such request, or fails to answer whichever occurs first, the
seizing agency may has 14 days to:
(1)(A) Request a state law enforcement agency that enforces this
act to adopt the forfeiture; or
(2)(B) engage an attorney, approved by the county or district
attorney, to represent the agency in the forfeiture proceeding, but in no
event shall the county or district attorney approve an attorney with
whom the county or district attorney has a financial interest, either
directly or indirectly. SENATE BILL No. 458—page 5
(3) Upon the expiration of the 14-day time limitation provided in
paragraph (2), if a state law enforcement agency has not adopted the
forfeiture or the seizing agency has not engaged an attorney to
represent the agency, the property that was seized for forfeiture shall be
returned within 30 days to the owner or interest holder or as provided
for the same kind of property in K.S.A. 22-2512, and amendments
thereto.
(i) (1) Upon receipt of a written request for forfeiture from a state
law enforcement agency, the county or district attorney shall accept or
decline the request within 14 days. If
(2) Upon the expiration of the 14-day time limitation provided in
paragraph (1) or upon notification that the county or district attorney
declines such request, or fails to answer whichever occurs first, the
seizing agency may has 14 days to engage an assistant attorney general
or other attorney approved by the attorney general to represent the
agency in the forfeiture proceeding, but in no event shall the attorney
general approve an attorney with whom the attorney general has a
financial interest, either directly or indirectly.
(3) Upon the expiration of the 14-day time limitation provided in
paragraph (2), if the seizing agency has not engaged an attorney to
represent the agency, the property that was seized for forfeiture shall be
returned within 30 days to the owner or interest holder or as provided
for the same kind of property in K.S.A. 22-2512, and amendments
thereto.
(j) Nothing in subsection (h) or (i) shall affect the time limitations
for initiating or filing a forfeiture proceeding pursuant to K.S.A. 60-
4109, and amendments thereto.
(k) A county or district attorney or the attorney general shall not
request or receive any referral fee or personal financial benefit, either
directly or indirectly, in any proceeding conducted under this act.
(k)(l) Nothing in this act shall prevent the attorney general, an
employee of the attorney general or an authorized representative of the
attorney general from conducting forfeiture proceedings under this act.
(l)(m) (1) Nothing in this act shall prevent a seizing agency from
requesting federal adoption of a seizure. A state or local law
enforcement agency may request federal adoption of a seizure pursuant
to this act or otherwise transfer or refer seized property to a federal
agency only if:
(A) The seizure by the agency occurs pursuant to a joint task force
with federal law enforcement authorities;
(B) the seizure by the agency occurs pursuant to a joint
investigation with federal law enforcement authorities as part of an
ongoing federal investigation;
(C) the agency makes such request in conjunction with a request
for federal law enforcement authorities to adopt the criminal
investigation relating to the seizure;
(D) the property seized by the agency is subsequently seized
pursuant to a federal seizure warrant, obtained from a federal court to
take custody of assets originally seized under state law;
(E) the property seized by the agency directly relates to a serious
public safety concern; or
(F) the gross estimated value of the property seized by the agency
is $25,000 or more.
(2) Subject to the requirements of paragraph (1), it shall not be
necessary to obtain any order pursuant to K.S.A. 22-2512, and
amendments thereto, to release any seized property to a federal agency
if the county or district attorney approves of such transfer.
(m)(n) Nothing in this act shall prevent a seizing agency, or the
plaintiff's attorney on behalf of the seizing agency, from settling any SENATE BILL No. 458—page 6
alleged forfeiture claim against property before or during forfeiture
proceedings. Such settlement shall be in writing and shall be approved,
if a local agency, by the county or district attorney or, if a state agency,
by the attorney general's office and a district court judge. No hearing or
other proceeding shall be necessary. The records of settlements
occurring prior to commencement of judicial forfeiture proceedings in
the district court shall be retained by the county or district attorney for
not less than five years.
(n)(o) Settlements under this act shall not be conditioned upon any
disposition of criminal charges.
(p) When property is seized for forfeiture under this act, the
seizing agency shall not request, induce or otherwise coerce a person
who has at any time asserted rights as an owner or interest holder of
such property to waive in writing such rights in the property until
forfeiture proceedings are commenced pursuant to K.S.A. 60-4109, and
amendments thereto.
Sec. 4. K.S.A. 2023 Supp. 60-4109 is hereby amended to read as
follows: 60-4109. (a) (1) (A) Forfeiture proceedings shall be
commenced by filing:
(i) A notice of pending forfeiture or a judicial forfeiture action:;
and
(ii) an affidavit describing the probable cause supporting
forfeiture.
(B) After an affidavit is filed under this section, further
proceedings shall occur only after a judge of the district court has
determined from the affidavit that there is probable cause to believe
that the property is subject to forfeiture pursuant to K.S.A. 60-4105,
and amendments thereto.
(1)(2) If the plaintiff's attorney fails to initiate forfeiture
proceedings by notice of pending forfeiture within 90 days against
property seized for forfeiture or if the seizing agency fails to pursue
forfeiture of the property upon which a proper claim has been timely
filed by filing a judicial forfeiture proceeding within 90 days after
notice of pending forfeiture, the property shall be released on the
request of an owner or interest holder to such owner's or interest
holder's custody, as custodian for the court, pending further
proceedings pursuant to this act. Such custodianship shall not exceed
90 days following the release to the owner or interest holder unless an
extension is authorized by the court for good cause shown.
(2)(3) If, after notice of pending forfeiture, a claimant files a
petition for recognition of exemption pursuant to K.S.A. 60-4110, and
amendments thereto, the plaintiff's attorney may delay filing the
judicial forfeiture proceeding for a total of 180 days after the notice of
pending forfeiture except that if an interest holder timely files a proper
petition documenting the complete nature and extent of such holder's
interest, including all of the contractual terms and current status, the
plaintiff's attorney may delay filing a judicial forfeiture proceeding only
if such attorney provides each such petitioner with a written recognition
of exemption within 60 days after the effective date of the notice of
pending forfeiture, recognizing the interest of such petitioner to the
extent of documented outstanding principal plus interest at the contract
rate until paid and any attorney fees ordered by a court pursuant to such
contract.
(3)(4) Whenever notice of pending forfeiture or service of an in
rem complaint or notice of a recognition of exemption and statement of
nonexempt interests is required under this act, notice or service shall be
given in accordance with one of the following:
(A) If the owner's or interest holder's name and current address are
known, by either personal service by any person qualified to serve SENATE BILL No. 458—page 7
process or by any law enforcement officer or by mailing a copy of the
notice by certified mail, return receipt requested, to the known address,
pursuant to the code of civil procedure;
(B) if the owner's or interest holder's name and address are
required by law to be on record with a municipal, county, state or
federal agency to perfect an interest in the property, and the owner's or
interest holder's current address is not known, by mailing a copy of the
notice by certified mail, return receipt requested, to any address of
record with any of the described agencies, pursuant to the code of civil
procedure; or
(C) if the owner's or interest holder's address is not known and is
not on record as provided in subparagraph (B), or the owner's or
interest holder's interest is not known, or if service by certified mail
was attempted pursuant to subparagraph (A) or (B) and was not
effective, by publication in one issue of the official county newspaper,
as defined by K.S.A. 64-101, and amendments thereto, in the county in
which the seizure occurred.
(4)(5) Notice is effective pursuant to the code of civil procedure,
except that notice of pending forfeiture of real property is not effective
until it is recorded. Notice of pending forfeiture shall include a
description of the property, the date and place of seizure, the conduct
giving rise to forfeiture or the violation of law alleged and a summary
of procedures and procedural rights applicable to the forfeiture action.
An When notice of pending forfeiture is mailed to an owner or interest
holder, the following shall be included with the notice: (A) The affidavit
describing the essential facts probable cause supporting forfeiture shall
be included with the notice.; and (B) copies of judicial council forms
for petitioning for recognition of an exemption pursuant to K.S.A. 60-
4110, and amendments thereto, and for making a claim pursuant to
K.S.A. 60-4111, and amendments thereto, shall be provided with the
notice.
(b) The plaintiff's attorney, without a filing fee, may file a lien for
the forfeiture of property upon the initiation of any civil or criminal
proceeding relating to conduct giving rise to forfeiture under this act or
upon seizure for forfeiture commencement of a forfeiture proceeding as
provided in subsection (a). The court shall not charge the plaintiff's
attorney a filing fee. Court costs may be assessed and, if assessed, shall
include the amount of the docket fee prescribed by K.S.A. 60-2001,
and amendments thereto, and any additional court costs accrued in the
action. A plaintiff's attorney may also file a forfeiture lien in this state
in connection with a proceeding or seizure for forfeiture in any other
state under a state or federal statute substantially similar to the relevant
provisions of this act. The filing constitutes notice to any person
claiming an interest in the seized property or in property owned by the
named person.
(1) The lien notice shall set forth the following:
(A) The name of the person and, in the discretion of the lienor,
any alias, or the name of any corporation, partnership, trust or other
entity, including nominees, that are owned entirely or in part or
controlled by the person; and
(B) the description of the seized property, the criminal or civil
proceeding that has been brought relating to conduct giving rise to
forfeiture under this act, the amount claimed by the lienor, the name of
the district court where the proceeding or action has been brought, and
the case number of the proceeding or action if known at the time of
filing.
(2) A lien filed pursuant to this subsection applies to the described
seized property or to one named person, any aliases, fictitious names,
or other names, including the names of any corporation, partnership, SENATE BILL No. 458—page 8
trust, or other entity, owned entirely or in part, or controlled by the
named person, and any interest in real property owned or controlled by
the named person. A separate forfeiture lien shall be filed for each
named person.
(3) The notice of lien creates, upon filing, a lien in favor of the
lienor as it relates to the seized property or the named person or related
entities. The lien secures the amount of potential liability for civil
judgment, and if applicable, the fair market value of seized property
relating to all proceedings under this act enforcing the lien. The notice
of forfeiture lien referred to in this subsection shall be filed in
accordance with the provisions of the laws of this state relating to the
type of property that is subject to the lien. The validity and priority of
the forfeiture lien shall be determined in accordance with applicable
law pertaining to liens. The lienor may amend or release, in whole or in
part, a lien filed under this subsection at any time by filing, without a
filing fee, an amended lien in accordance with this subsection which
identifies the lien amended. The lienor, as soon as practical after filing
the lien, shall furnish to any person named in the lien a notice of the
filing of the lien. Failure to furnish notice under this subsection shall
not invalidate or otherwise affect the lien.
(4) Upon entry of judgment in the seizing agency's favor, the
seizing agency may proceed to execute on the lien as provided by law.
(5) A trustee, constructive or otherwise, who has notice that a
notice of forfeiture lien, or a notice of pending forfeiture, or a civil
forfeiture proceeding has been filed against the property or against any
person or entity for whom the person holds title or appears as record
owner, shall furnish within 14 days, to the seizing agency or the
plaintiff's attorney all of the following information, unless all of the
information is of record in the public records giving notice of liens on
that type of property:
(A) The name and address of each person or entity for whom the
property is held;
(B) the description of all other property whose legal title is held
for the benefit of the named person; and
(C) a copy of the applicable trust agreement or other instrument, if
any, under which the trustee or other person holds legal title or appears
as record owner of the property.
(6) A trustee with notice who knowingly fails to comply with the
provisions of this subsection shall be guilty of a class B nonperson
misdemeanor.
(7) A trustee with notice who fails to comply with paragraph (5) is
subject to a civil penalty of $100 for each day of noncompliance. The
court shall enter judgment ordering payment of $100 for each day of
noncompliance from the effective date of the notice until the required
information is furnished or the seizing agency executes the seizing
agency's judgment lien under this section.
(8) To the extent permitted by the constitutions of the United
States and the state of Kansas, the duty to comply with paragraph (5)
shall not be excused by any privilege or provision of law of this state or
any other state or country which authorizes or directs that testimony or
records required to be furnished pursuant to paragraph (5) are
privileged, confidential and otherwise may not be disclosed.
(9) A trustee who furnishes information pursuant to paragraph (5)
is immune from civil liability for the release of the information.
(10) An employee of the seizing agency or the plaintiff's attorney
who releases the information obtained pursuant to paragraph (5), except
in the proper discharge of official duties, is guilty of a class B
nonperson misdemeanor.
(11) If any information furnished pursuant to paragraph (5) is SENATE BILL No. 458—page 9
offered in evidence, the court may seal that portion of the record or
may order that the information be disclosed in a designated way.
(12) A judgment or an order of payment entered pursuant to this
section becomes a judgment lien against the property alleged to be
subject to forfeiture.
Sec. 5. K.S.A. 2023 Supp. 60-4111 is hereby amended to read as
follows: 60-4111. (a) (1) Only an owner of or interest holder in
property seized for forfeiture may file a claim, and shall do so in the
manner provided in this section. The claim shall be mailed to the
seizing agency and to the plaintiff's attorney by certified mail, return
receipt requested, within 60 days after the effective date of notice of
pending forfeiture.
(2) The plaintiff's attorney shall file a notice of receipt with the
court when a claim is received unless the claim was already filed with
the court. Such filing shall include a copy of the claim and documents
showing the date that the claim was mailed and received.
(b) The claim shall be signed by the claimant under penalty of
perjury, K.S.A. 21-5903, and amendments thereto, and shall set forth
the following:
(1) The caption of the proceedings and identifying number, if any,
as set forth on the notice of pending forfeiture or complaint, the name
of the claimant, and the name of the plaintiff's attorney who authorized
the notice of pending forfeiture or complaint;
(2) the address where the claimant will accept mail;
(3) the nature and extent of the claimant's interest in the property;
and
(4) a detailed description of when and how the claimant obtained
an interest in the property.
(c) Substantial compliance with subsection (b) shall be deemed
sufficient.
(d) It is permissible to assert the right against self-incrimination in
a claim. If a claimant asserts the right, the court, in the court's
discretion, may draw an adverse inference from the assertion against
the claimant. The adverse inference shall not, by itself, be the basis of a
judgment against the claimant.
Sec. 6. K.S.A. 2023 Supp. 60-4112 is hereby amended to read as
follows: 60-4112. (a) A judicial forfeiture proceeding under this act is
subject to the provisions of this section.
(b) The court, on application of the plaintiff's attorney, may enter
any restraining order or injunction, require the execution of satisfactory
performance bonds, create receiverships, appoint conservators,
custodians, appraisers, accountants or trustees, or take any other action
to seize, secure, maintain or preserve the availability of property
subject to forfeiture under this act, including a writ of attachment or a
warrant for such property's seizure, whether before or after the filing of
a notice of pending forfeiture or complaint.
(c) If property is seized for forfeiture or a forfeiture lien is filed
without a previous judicial determination of probable cause or order of
forfeiture or a hearing under K.S.A. 60-4114(c), and amendments
thereto, the court, on an application filed by an owner of or interest
holder in the property within 14 days after notice of the property's
seizure for forfeiture or lien, or actual knowledge of it, whichever is
earlier, and after complying with the requirements for claims in K.S.A.
60-4109, and amendments thereto, after seven days' notice to the
plaintiff's attorney, may issue an order to show cause to the seizing
agency, for a hearing on the sole issue of whether probable cause for
forfeiture of the property then exists. The hearing shall be held within
30 days of the order to show cause unless continued for good cause on
motion of either party. If the court finds that there is no probable cause SENATE BILL No. 458—page 10
for forfeiture of the property, or if the seizing agency elects not to
contest the issue, the property shall be released to the custody of the
applicant, as custodian for the court, or from the lien pending the
outcome of a judicial proceeding pursuant to this act. If the court finds
that probable cause for the forfeiture of the property exists, the court
shall not order the property releasedAt any time prior to final judgment,
an owner or interest holder may petition the court for determination or
reconsideration of its prior determination that there is probable cause
to believe that the property is subject to forfeiture.
(d) All applications filed within the 14-day period prescribed by
subsection (c) shall be consolidated for a single hearing relating to each
applicant's interest in the property seized for forfeiture.
(e) A person charged with a criminal offense may apply at any
time before final judgment to the court where the forfeiture proceeding
is pending for the release of property seized for forfeiture, that is
necessary for the defense of the person's criminal charge. The
application shall satisfy the requirements under K.S.A. 60-4111(b), and
amendments thereto. The court shall hold a probable cause hearing if
the applicant establishes that:
(1) The person has not had an opportunity to participate in a
previous adversarial judicial determination of probable cause;
(2) the person has no access to other moneys adequate for the
payment of criminal counsel; and
(3) the interest in property to be released is not subject to any
claim other than the forfeiture.
(f)(e) If the court finds that there is no probable cause for
forfeiture of the property, the court shall order the property released
pursuant to subsection (c) to the custody of the applicant, as custodian
for the court, or from a forfeiture lien pending the outcome of a judicial
proceeding pursuant to this act. If the seizing agency does not contest
the hearing, the court may release a reasonable amount of property for
the payment of the applicant's criminal defense costs. Property that has
been released by the court and that has been paid for criminal defense
services actually rendered is exempt under this act.
(g)(f) A defendant convicted in any criminal proceeding is
precluded from later denying the elements of the criminal offense of
which the defendant was convicted in any proceeding pursuant to this
section. For the purposes of this section, a conviction results from a
verdict or plea of guilty, including a plea of no contest or nolo
contendere.
(g) (1) At any time following seizure pursuant to this act, the
person from whom possession or control of the property was seized
may petition the court to determine whether such forfeiture is
unconstitutionally excessive.
(2) The plaintiff's attorney has the burden of establishing that the
forfeiture is proportional to the seriousness of the offense giving rise to
the forfeiture by clear and convincing evidence.
(3) In determining whether the forfeiture is unconstitutionally
excessive, the court may consider all relevant factors, including, but
not limited to:
(A) The seriousness of the offense;
(B) the extent of participation in the offense by the person from
whom possession or control of the property was seized;
(C) the extent to which the property was used in committing the
offense;
(D) the sentence imposed for committing the offense that gave rise
to forfeiture;
(E) the effect of the forfeiture on the livelihood of the person from
whom possession or control of the property was seized; and SENATE BILL No. 458—page 11
(F) the fair market value of the property compared to the property
owner's net worth.
(h) In any proceeding under this act, if a claim is based on any
exemption provided for in this act, the burden of proving the existence
of the exemption is on the claimant, and is not necessary for the seizing
agency or plaintiff's attorney to negate the exemption in any application
or complaint.
(i) In hearings and determinations pursuant to this section, the
court may receive and consider, in making any determination of
probable cause or reasonable cause, all evidence admissible in
determining probable cause at a preliminary hearing or in the issuance
of a search warrant, together with inferences therefrom from such
admissible evidence.
(j) The totality of the circumstances shall determine if the property
of a person is subject to forfeiture under this act. Factors that may be
considered include, but are not limited to, the following:
(1) The person has engaged in conduct giving rise to forfeiture;
(2) the property was acquired by the person during that period of
the conduct giving rise to forfeiture or within a reasonable time after
the period;
(3) there was no likely source for the property other than the
conduct giving rise to forfeiture; and
(4) the proximity to contraband or an instrumentality giving rise to
forfeiture.
(k) A finding that property is the proceeds of conduct giving rise
to forfeiture does not require proof the property is the proceeds of any
particular exchange or transaction.
(l) A person who acquires any property subject to forfeiture is a
constructive trustee of the property, and such property's fruits, for the
benefit of the seizing agency, to the extent that such agency's interest is
not exempt from forfeiture. If property subject to forfeiture has been
commingled with other property, the court shall order the forfeiture of
the mingled property and of any fruits of the mingled property, to the
extent of the property subject to forfeiture, unless an owner or interest
holder proves that specified property does not contain property subject
to forfeiture, or that such owner's or interest holder's interest in
specified property is exempt from forfeiture.
(m) All property declared forfeited under this act vests in the law
enforcement agency seeking forfeiture on the date of commission of the
conduct giving rise to forfeiture together with the proceeds of the
property after that time. Any such property or proceeds subsequently
transferred to any person remain subject to forfeiture and thereafter
shall be ordered forfeited unless the transferee acquired the property in
good faith, for value, and was not knowingly taking part in an illegal
transaction, and the transferee's interest is exempt under K.S.A. 60-
4106, and amendments thereto.
(n) An acquittal or dismissal in a criminal proceeding shall not
preclude civil proceedings under this act, nor give rise to any
presumption adverse or contrary to any fact alleged by the seizing
agency.
(o) On motion, The court shall automatically stay discovery
against the criminal defendant and against the seizing agency in civil
proceedings during a related criminal proceeding alleging the same
conduct, after making provision to prevent loss to any party resulting
from the delay. Such a stay shall not be available pending any appeal
by a defendant The court may lift the automatic stay of discovery upon
good cause shown.
(p) Except as otherwise provided by this act, all proceedings
hereunder under the act shall be governed by the rules of civil SENATE BILL No. 458—page 12
procedure pursuant to K.S.A. 60-101 et seq., and amendments thereto.
(q) An action pursuant to this act shall be consolidated with any
other action or proceeding pursuant to this act or to such other
foreclosure or trustee sale proceedings relating to the same property on
motion of the plaintiff's attorney, and may be consolidated on motion of
an owner or interest holder.
Sec. 7. K.S.A. 2023 Supp. 60-4113 is hereby amended to read as
follows: 60-4113. (a) A judicial in rem forfeiture proceeding brought by
the plaintiff's attorney pursuant to a notice of pending forfeiture or
verified petition for forfeiture is also subject to the provisions of this
section. If a forfeiture is authorized by this act, it shall be ordered by
the court in the in rem action.
(b) An action in rem may be brought by the plaintiff's attorney in
addition to, or in lieu of, civil in personam forfeiture procedures. The
seizing agency may serve the complaint in the manner provided by
K.S.A. 60-4109(a)(3), and amendments thereto, or as provided by the
rules of civil procedure.
(c) Only an owner of or an interest holder in the property who has
timely filed a proper claim may file an answer in an action in rem. For
the purposes of this section, an owner of or interest holder in property
who has filed a claim and answer shall be referred to as a claimant.
(d) The answer shall be signed by the claimant under penalty of
perjury, K.S.A. 21-5903, and amendments thereto, shall otherwise be in
accordance with the rules of civil procedure on answers and shall also
set forth the following:
(1) The caption of the proceedings and identifying number, if any,
as set forth on the notice of pending forfeiture or complaint and the
name of the claimant;
(2) the address where the claimant will accept mail;
(3) the nature and extent of the claimant's interest in the property;
and
(4) a detailed description of when and how the claimant obtained
an interest in the property.
(e) Substantial compliance with subsection (d) shall be deemed
sufficient.
(f) It is permissible to assert the right against self-incrimination in
an answer. If a claimant asserts the right, the court, in the court's
discretion, may draw an adverse inference from the assertion against
the claimant. The adverse inference shall not, by itself, be the basis of a
judgment against the claimant.
(g) The answer shall be filed within 21 days after service of the
civil in rem complaint.
(h) The issue shall be determined by the court alone. The
plaintiff's attorney shall have the initial burden of proving the interest in
the property is subject to forfeiture by a preponderance of the clear and
convincing evidence. If the state proves the interest in the property is
subject to forfeiture, the claimant has the burden of showing by a
preponderance of the evidence that the claimant has an interest in the
property which is not subject to forfeiture.
(i) If the plaintiff's attorney fails to meet the burden of proof for
forfeiture, or a claimant establishes by a preponderance of the evidence
that the claimant has an interest that is exempt under the provisions of
K.S.A. 60-4106, and amendments thereto, the court shall order the
interest in the property returned or conveyed to the claimant. The court
shall order all other property forfeited to the seizing agency and
conduct further proceedings pursuant to K.S.A. 60-4116 and 60-4117,
and amendments thereto.
Sec. 8. K.S.A. 2023 Supp. 60-4116 is hereby amended to read as
follows: 60-4116. (a) If no proper claims are timely filed in an action in SENATE BILL No. 458—page 13
rem, or if no proper answer is timely filed in response to a complaint,
the plaintiff's attorney may apply for an order of forfeiture and
allocation of forfeited property pursuant to K.S.A. 60-4117, and
amendments thereto. Upon a determination by the court that the seizing
agency's written application established the court's jurisdiction, the
giving of proper notice, and facts sufficient to show probable cause for
forfeiture, the court shall order the property forfeited to the seizing
agency.
(b) After final disposition of all claims timely filed in an action in
rem, or after final judgment and disposition of all claims timely filed in
an action in personam, the court shall enter an order that the seizing
agency has clear title to the forfeited property interest. Title to the
forfeited property interest and such property's proceeds shall be deemed
to have vested in the seizing agency on the commission of the conduct
giving rise to forfeiture under this act.
(c) If, in the discretion of the plaintiff's attorney, such plaintiff's
attorney has recognized in writing that an interest holder has an interest
that is exempt from forfeiture, the court, on application of the plaintiff's
attorney, may release or convey forfeited personal property to a
regulated interest holder on all of the following conditions:
(1) The interest holder has an interest which was acquired in the
regular course of business as an interest holder.
(2) The amount of the interest holder's encumbrance is readily
determinable and the amount has been reasonably established by proof
made available by the plaintiff's attorney to the court.
(3) The encumbrance held by the interest holder seeking
possession is the only interest exempted from forfeiture and the order
forfeiting the property to the seizing agency transferred all of the rights
of the owner prior to forfeiture, including rights of redemption to the
seizing agency.
(4) After the court's release or conveyance, the interest holder
shall dispose of the property by a commercially reasonable public sale,
and within 14 days of disposition shall tender to the seizing agency the
amount received at disposition less the amount of the interest holder's
encumbrance and reasonable expense incurred by the interest holder in
connection with the sale or disposal.
(d) On order of the court forfeiting the subject property, the
seizing agency may transfer good and sufficient title to any subsequent
purchaser or transferee, unless satisfied and released earlier, subject to
all mortgages, deeds of trust, financing statements or security
agreements of record prior to the forfeiture held by an interest holder
and the title shall be recognized by all courts, by this state, and by all
agencies of and any political subdivision. Likewise on entry of
judgment in favor of a person claiming an interest in the property that is
subject to proceedings to forfeit property under this act, the court shall
enter an order that the property or interest in property shall be released
or delivered promptly to that person free of liens and encumbrances
under this act and the person's cost bond shall be discharged.
(e) Upon motion by the plaintiff's attorney, if it appears after a
hearing there was reasonable cause for the seizure for forfeiture or for
the filing of the notice of pending forfeiture or complaint, the court
shall cause a finding to be entered that reasonable cause existed, or that
any such action was taken under a reasonable good faith belief that it
was proper, and the claimant is not entitled to costs or damages, and the
person or seizing agency who made the seizure, and the plaintiff's
attorney, are not liable to suit or judgment on account of the seizure,
suit or prosecution. Nothing in this subsection shall affect whether a
claimant is entitled to payment of attorney fees, litigation costs and
interest pursuant to subsection (f). SENATE BILL No. 458—page 14
(f) (1) The court shall may order a claimant who fails to establish
that a substantial portion of the claimant's interest is exempt from
forfeiture under K.S.A. 60-4105, and amendments thereto, to pay the
reasonable costs and expenses of any claimant who established such
claimant's interest is exempt from forfeiture under K.S.A. 60-4105, and
amendments thereto, and to pay the reasonable costs and expenses of
the seizing agency for the investigation and litigation of the matter,
including reasonable attorney fees, in connection with that claimant.
(2) In any proceeding in which the court finds that the claimant
has prevailed by ordering the return of at least half of the aggregate
value of the claimant's interest in the property or currency in which the
claimant asserted an interest, the court shall order the seizing agency
to pay:
(A) Reasonable attorney fees and other litigation costs incurred
by the claimant;
(B) post judgment interest; and
(C) in cases involving currency, other negotiable instruments or
the proceeds of an interlocutory sale, any interest actually paid from
the date of seizure.
(g) If there are multiple claims to the same property, the seizing
agency shall not be liable for attorney fees and costs associated with
any claim if the seizing agency:
(1) Promptly recognizes such claim;
(2) promptly returns the interest of the claimant in the property to
the claimant, if the property can be divided without difficulty and there
are no competing claims to that portion of the property;
(3) does not cause the claimant to incur additional costs or fees;
and
(4) prevails in obtaining forfeiture with respect to one or more of
the other claims.
(h) If more than one law enforcement agency is substantially
involved in effecting a forfeiture pursuant to this act, and no
interagency agreement exists, the court shall equitably distribute the
proceeds among such agencies.
(h)(i) Notwithstanding any other provision of law, upon the
request of the intellectual property owner, all seized items bearing a
counterfeit mark shall be released to the intellectual property owner for
destruction or disposition. If the intellectual property owner does not
request release of seized items bearing a counterfeit mark, such items
shall be destroyed unless the intellectual property owner consents to
another disposition.
Sec. 9. K.S.A. 2023 Supp. 60-4117 is hereby amended to read as
follows: 60-4117. Except as provided in K.S.A. 65-7014, and
amendments thereto: (a) When property is forfeited under this act, the
law enforcement agency may:
(1) Retain such property for official use or transfer the custody or
ownership to any local, or state or federal agency, subject to any lien
preserved by the court;
(2) transfer the custody or ownership to any federal agency if
authorized pursuant to K.S.A. 60-4107, and amendments thereto;
(3) destroy or use for investigative or training purposes, any illegal
or controlled substances and equipment or other contraband, provided
that materials necessary as evidence shall be preserved;
(3)(4) sell property which is not required by law to be destroyed
and which is not harmful to the public:
(A) All property, except real property, designated by the seizing
agency to be sold shall be sold at public sale to the highest bidder for
cash without appraisal. The seizing agency shall first cause notice of
the sale to be made by publication at least once in an official county SENATE BILL No. 458—page 15
newspaper as defined by K.S.A. 64-101, and amendments thereto. Such
notice shall include the time, place, and conditions of the sale and
description of the property to be sold. Nothing in this subsection shall
prevent a state agency from using the state surplus property system and
such system's procedures shall be sufficient to meet the requirements of
this subsection.
(B) Real property may be sold pursuant to subsection (a)(3)(A), or
the seizing agency may contract with a real estate company, licensed in
this state, to list, advertise and sell such real property in a commercially
reasonable manner.
(C) No employee or public official of any agency involved in the
investigation, seizure or forfeiture of seized property may purchase or
attempt to purchase such property; or
(4)(5) salvage the property, subject to any lien preserved by the
court.
(b) When firearms are forfeited under this act, the firearms in the
discretion of the seizing agency, shall be destroyed, used within the
seizing agency for official purposes, traded to another law enforcement
agency for use within such agency or given to the Kansas bureau of
investigation for law enforcement, testing, comparison or destruction
by the Kansas bureau of investigation forensic laboratory.
(c) The proceeds of any sale shall be distributed in the following
order of priority:
(1) For satisfaction of any court preserved security interest or lien,
or in the case of a violation, as defined by K.S.A. 60-4104(i), and
amendments thereto, the proceeds shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of such remittance, the state
treasurer shall deposit the entire amount into the state treasury to the
credit of the medicaid fraud reimbursement fund;
(2) thereafter, for payment of all proper expenses of the
proceedings for forfeiture and disposition, including expenses of
seizure, inventory, appraisal, maintenance of custody, preservation of
availability, advertising, service of process, sale and court costs;
(3) reasonable attorney fees:
(A) If the plaintiff's attorney is a county or district attorney, an
assistant, or another governmental agency's attorney, fees shall not
exceed 15% of the total proceeds, less the amounts of subsection (c)(1)
and (2), in an uncontested forfeiture nor 20% of the total proceeds, less
the amounts of subsection (c)(1) and (2), in a contested forfeiture. Such
fees shall be deposited in the county or city treasury and credited to the
special prosecutor's trust fund. Moneys in such fund shall not be
considered a source of revenue to meet normal operating expenditures,
including salary enhancement. Such fund shall be expended by the
county or district attorney, or other governmental agency's attorney
through the normal county or city appropriation system and shall be
used for such additional law enforcement and prosecutorial purposes as
the county or district attorney or other governmental agency's attorney
deems appropriate, including educational purposes. All moneys derived
from past or pending forfeitures shall be expended pursuant to this act.
The board of county commissioners shall provide adequate funding to
the county or district attorney's office to enable such office to enforce
this act. Neither future forfeitures nor the proceeds therefrom shall be
used in planning or adopting a county or district attorney's budget;
(B) if the plaintiff's attorney is the attorney general and the
conduct and offense giving rise to forfeiture is pursuant to K.S.A. 60-
4104(i), and amendments thereto, fees shall not exceed 15% of the total
proceeds, less the amounts of subsection (c)(1) and (2) in an
uncontested forfeiture nor 20% of the total proceeds, less the amounts SENATE BILL No. 458—page 16
of subsection (c)(1) and (2) in a contested forfeiture. Such fees shall be
remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the medicaid fraud prosecution revolving
fund. Moneys paid into the medicaid fraud prosecution revolving fund
pursuant to this subsection shall be appropriated to the attorney general
for use by the attorney general in the investigation and prosecution of
medicaid fraud and abuse; or
(C) if the plaintiff's attorney is a private attorney, such reasonable
fees shall be negotiated by the employing law enforcement agency;
(4) repayment of law enforcement funds expended in purchasing
of contraband or controlled substances, subject to any interagency
agreement.
(d) Any proceeds remaining shall be credited as follows, subject to
any interagency agreement:
(1) If the law enforcement agency is a state agency, the entire
amount shall be deposited in the state treasury and credited to such
agency's state forfeiture fund. There is hereby established in the state
treasury the following state funds: Kansas bureau of investigation state
forfeiture fund, Kansas attorney general's state medicaid fraud
forfeiture fund, Kansas highway patrol state forfeiture fund, Kansas
department of corrections state forfeiture fund and Kansas national
guard counter drug state forfeiture fund. Expenditures from the Kansas
bureau of investigation state forfeiture fund shall be made upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the attorney general or by a person or persons
designated by the attorney general. Expenditures from the Kansas
attorney general's state medicaid fraud forfeiture fund shall be made
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the attorney general or by a person or persons
designated by the attorney general. Expenditures from the Kansas
highway patrol state forfeiture fund shall be made upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the superintendent of the highway patrol or by a person or persons
designated by the superintendent. Expenditures from the Kansas
department of corrections state forfeiture fund shall be made upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of the department of corrections or
by a person or persons designated by the secretary. Expenditures from
the Kansas national guard counter drug state forfeiture fund shall be
made upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the adjutant general of Kansas or by
a person or persons designated by the adjutant general.
(2) If the law enforcement agency is a city or county agency, the
entire amount shall be deposited in such city or county treasury and
credited to a special law enforcement trust fund.
(e) (1) Moneys in the Kansas bureau of investigation state
forfeiture fund, Kansas highway patrol state forfeiture fund, Kansas
department of corrections state forfeiture fund, the special law
enforcement trust funds and the Kansas national guard counter drug
state forfeiture fund shall not be considered a source of revenue to meet
normal operating expenses. Such funds shall be expended by the
agencies or departments through the normal city, county or state
appropriation system and shall be used for such special, additional law
enforcement purposes specified in subsection (e)(2) as the law
enforcement agency head deems appropriate. Neither future forfeitures
nor the proceeds from such forfeitures shall be used in planning or
adopting a law enforcement agency's budget. SENATE BILL No. 458—page 17
(2) Moneys in the funds described in subsection (e)(1) shall be
used only for the following special, additional law enforcement
purposes:
(A) The support of investigations and operations that further the
law enforcement agency's goals or missions;
(B) the training of investigators, prosecutors and sworn and non-
sworn law enforcement personnel in any area that is necessary to
perform official law enforcement duties;
(C) the costs associated with the purchase, lease, construction,
expansion, improvement or operation of law enforcement or detention
facilities used or managed by the recipient agency;
(D) the costs associated with the purchase, lease, maintenance or
operation of law enforcement equipment for use by law enforcement
personnel that supports law enforcement activities;
(E) the costs associated with the purchase of multi-use equipment
and operations used by both law enforcement and non-law enforcement
personnel;
(F) the costs associated with a contract for a specific service that
supports or enhances law enforcement;
(G) the costs associated with travel and transportation to perform
or in support of law enforcement duties and activities;
(H) the costs associated with the purchase of plaques and
certificates for law enforcement personnel in recognition of a law
enforcement achievement, activity or training;
(I) the costs associated with conducting awareness programs by
law enforcement agencies;
(J) the costs associated with paying a state or local law
enforcement agency's matching contribution or share in a state or
federal grant program for items other than salaries;
(K) cash transfers from one state or local law enforcement agency
to another in support of the law enforcement agency's goals or
missions; and
(L) transfers from a state or local law enforcement agency to a
state, county or local governmental agency or community non-profit
organization in support of the law enforcement agency's goals or
missions; and
(M) payment of attorney fees, litigation costs and interest ordered
by a court pursuant to K.S.A. 60-4116, and amendments thereto.
(3) Moneys in the funds described in subsection (e)(1) shall be
separated and accounted for in a manner that allows accurate tracking
and reporting of deposits and expenditures of the following categories
of money:
(A) Proceeds from forfeiture credited to the fund pursuant to this
section;
(B) proceeds from pending forfeiture actions under this act; and
(C) proceeds from forfeiture actions under federal law.
(f) Moneys in the Kansas attorney general's medicaid fraud
forfeiture fund shall defray costs of the attorney general in connection
with the duties of investigating and prosecuting medicaid fraud and
abuse.
(g) (1) If the law enforcement agency is a state agency, such agency
shall compile and submit a forfeiture fund report to the legislature on or
before February 1 of each year. Such report shall include, but not be
limited to: (A) The fund balance on December 1; and (B) the deposits
and expenditures for the previous 12-month period ending December 1.
(2) If the law enforcement agency is a city or county agency, such
agency shall compile and submit annually a special law enforcement
trust fund report to the entity that has budgetary authority over such
agency and such report shall specify, for such period, the type and SENATE BILL No. 458—page 18
approximate value of the forfeited property received, the amount of any
forfeiture proceeds received and how any of those proceeds were
expended.
(3) The provisions of this subsection shall expire on July 1, 2019.
Sec. 10. K.S.A. 2023 Supp. 60-4127 is hereby amended to read as
follows: 60-4127. (a) On or before July 1, 2019, The Kansas bureau of
investigation shall establish the Kansas asset seizure and forfeiture
repository. The repository shall gather information concerning each
seizure for forfeiture made by a seizing agency pursuant to the Kansas
standard asset seizure and forfeiture act including, but not limited to,
the following:
(1) The name of the seizing agency or the name of the lead agency
if part of a multi-jurisdictional task force;
(2) the county where the seizure occurred;
(3) the date and time the seizure occurred;
(4) any applicable agency or district court case numbers for the
seizure;
(5) a description of the initiating law enforcement activity leading
to the seizure;
(6) a description of the specific location where the seizure
occurred;
(7) the conduct or offense giving rise to the forfeiture;
(8) a description of the type of property seized and the estimated
value;
(9) a description of the type of contraband seized and the
estimated value;
(10) whether criminal charges were filed for an offense related to
the forfeiture and, if so, court and case number information for the
criminal charges;
(11) a description of the final disposition of the forfeiture action,
including a description of the disposition of any claim or exemption
asserted under this act;
(12) whether the forfeiture was transferred to the federal
government for disposition;
(13) the total cost of the forfeiture action, including attorney fees;
and
(14) the total amount of proceeds from the forfeiture action,
specifying the amount received by the seizing agency and the amount
received by any other agency or person.
(b) On and after July 1, 2019, The Kansas bureau of investigation
shall maintain the repository and an associated public website. On or
before July 1, 2019, The Kansas bureau of investigation shall
promulgate rules and regulations to implement this section.
(c) On and after July 1, 2019, Each seizing agency shall report
information concerning each seizure for forfeiture to the Kansas asset
seizure and forfeiture repository as required by this section and the
rules and regulations promulgated pursuant to this section. The
prosecuting attorney shall submit information concerning each
forfeiture action to the seizing agency within 30 days after the final
disposition of the forfeiture. The seizing agency shall submit the
required information to the repository within 60 days after the final
disposition of the forfeiture.
(d) On or before February 1, 2020, and Annually, on or before
February 1 thereafter, each law enforcement agency shall compile and
submit a forfeiture fund financial report to the Kansas asset seizure and
forfeiture repository as required by this section and the rules and
regulations promulgated pursuant to this section.
(1) If the law enforcement agency is a state agency, the report
shall include, but not be limited to: SENATE BILL No. 458—page 19
(A) The agency's state forfeiture fund balance on January 1 and
December 31 of the preceding calendar year; and
(B) the total amount of the deposits and a listing, by category, of
expenditures from January 1 through December 31 of the preceding
calendar year.
(2) If the law enforcement agency is a city or county agency, the
report shall include, but not be limited to:
(A) The agency's special law enforcement trust fund balance on
January 1 and December 31 of the preceding calendar year; and
(B) the total amount of the deposits and a listing, by category, of
expenditures from January 1 through December 31 of the preceding
calendar year.
(3) The report shall separate and account for:
(A) Deposits and expenditures from proceeds from forfeiture
credited to the fund pursuant to K.S.A. 60-4117, and amendments
thereto;
(B) deposits and expenditures from proceeds from forfeiture
actions under federal law; and
(C) amounts held by the agency related to pending forfeiture
actions under the Kansas standard asset seizure and forfeiture act.
(e) (1) On March 1, 2020, and Annually, on March 1 thereafter,
the Kansas bureau of investigation shall determine whether each
agency's forfeiture fund financial report matches the agency's seizing
report. If the Kansas bureau of investigation determines that an
agency's financial report does not substantially match that agency's
seizing report or the agency has not submitted a financial report, the
Kansas bureau of investigation shall notify such agency of the
difference in reports. Such agency shall correct the reporting error
within 30 days. If the reporting error is not corrected within 30 days,
the Kansas bureau of investigation shall send such law enforcement
agency, and the county or district attorney for the county in which such
law enforcement agency is located, a certified letter notifying such
agency that it is out of compliance. Upon receipt of such letter, no
forfeiture proceedings shall be filed on property seized by such law
enforcement agency. When such law enforcement agency has achieved
compliance with the reporting requirements, the bureau shall send such
law enforcement agency, and the county or district attorney for the
county in which such law enforcement agency is located, a certified
letter notifying such agency that it is in compliance and forfeiture
proceeding filings may continue pursuant to this act.
(2) Annually, on or before April 15, the Kansas bureau of
investigation shall report to the legislature president of the senate, the
speaker of the house of representatives and the standing committees on
judiciary in the senate and the house of representatives:
(A) Any law enforcement agencies in the state that have failed to
come into compliance with the reporting requirements in subsection
(d); and
(B) each agency's forfeiture fund financial report submitted
pursuant to subsection (d).
Sec. 11. K.S.A. 2023 Supp. 60-4104, 60-4106, 60-4107, 60-4109,
60-4111, 60-4112, 60-4113, 60-4116, 60-4117 and 60-4127 are hereby
repealed. SENATE BILL No. 458—page 20
Sec. 12. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.