South Dakota 2022 Regular Session

South Dakota House Bill HB1328

Introduced
2/2/22  
Refer
2/4/22  
Report Pass
2/16/22  
Engrossed
2/22/22  
Refer
2/23/22  
Report Pass
3/3/22  
Enrolled
3/7/22  

Caption

Require law enforcement to report certain seizures of property.

Impact

The passage of HB 1328 represents a shift in how property seizures are handled within the state, requiring law enforcement agencies to maintain a higher standard of reporting than previously mandated. By creating detailed public records, the law aims to deter potential misuse of forfeiture laws and to protect the rights of innocent property owners. The information must be compiled in a structured format and made accessible on a public website, promoting transparency about law enforcement practices and expenditures.

Summary

House Bill 1328 mandates law enforcement agencies in South Dakota to report specific details regarding property seizures and forfeitures, establishing a requirement for transparency in law enforcement operations. The bill intends to enhance accountability by ensuring that the public has access to comprehensive data on seized properties, including the circumstances surrounding each seizure, the type of property, and the outcomes of legal proceedings. This legislation seeks to improve oversight on how law enforcement utilizes asset forfeiture and to provide a mechanism for citizens to track the proceedings related to their property.

Sentiment

The sentiment around HB 1328 appears to be largely supportive among proponents of law enforcement reform and transparency advocates. They argue that the bill is a significant step towards holding law enforcement accountable for property seizing practices. However, there may be concerns from law enforcement agencies regarding the additional administrative burden this requires. Some critics argue that while the intent is noble, the bill could complicate law enforcement operations and divert resources that could be otherwise used in combating crime.

Contention

Notably, some contention arises regarding the balance between public transparency and operational efficacy for law enforcement agencies. While the intent is to prevent overreach and ensure fair practices, there are discussions about the implications of increased bureaucracy and whether the benefits of such transparency can truly outweigh the potential challenges faced by law enforcement in conducting their duties effectively. This ongoing debate highlights the tension between the need for oversight and the operational needs of law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

SD HB316

Property Seizures By Law Enforcement

SD SB526

Asset forfeiture transparency; making certain reports available to the public; requiring submission of certain reports relating to seizure of property. Effective date.

SD SB157

Seizure Of Property By Law Enforcement

SD SB596

Asset forfeiture transparency; making certain reports available for public inspection; requiring submission of report on seizure of property. Effective date.

SD SB820

Cannabis: enforcement: seizure of property.

SD HB598

Seizure and forfeiture; require conviction and establish in relation to certain criminal offenses.

SD HB622

Seizure and forfeiture; require conviction and establish in relation to certain criminal offenses.

SD HB1619

Asset forfeiture proceedings; seizure of property; publication of notices on certain website; effective date.

SD HB1619

Asset forfeiture proceedings; seizure of property; publication of notices on certain website; effective date.

SD HB110

Uniform Civil Forfeiture Procedure Act; reporting of property seized and forfeited to the Carl Vinson Institute of Government; require

Similar Bills

HI HB1965

Relating To Property Forfeiture.

TX HB2992

Relating to asset forfeiture under the Code of Criminal Procedure.

TX SB839

Relating to asset forfeiture under the Code of Criminal Procedure.

TX HB916

Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

TX SB665

Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

IN SB0263

Evidence preservation requirements.

CA AB2584

Single-family residential real property: corporate entity: ownership.

HI SB149

Relating To Property Forfeiture.