Relating to the tracking, reporting, and disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.
Impact
The bill impacts state laws by mandating detailed reporting requirements for law enforcement agencies involved in asset seizures. This includes a collection of various data points, such as the date of seizure, descriptions of seized property, and the disposition of such assets. Additionally, it holds law enforcement agencies accountable through potential civil penalties for non-compliance with reporting timelines. This change could significantly reshape how local agencies manage and report on seized assets, promoting greater oversight at both state and local levels.
Summary
SB665 proposes amendments to the Code of Criminal Procedure concerning asset forfeiture procedures, aiming to enhance the tracking, reporting, and disposition of proceeds and property seized during such proceedings. Among its features, the bill establishes a case tracking system managed by the attorney general, which will collect and organize relevant data from law enforcement agencies. The intention behind this legislation is to improve transparency and accountability in the handling of forfeited assets, ensuring that proceeds are utilized appropriately and reported correctly.
Sentiment
General sentiment surrounding SB665 appears to be supportive, particularly among those advocating for increased government transparency and accountability. Law enforcement agencies may view the bill positively as it provides a framework for managing seized assets systematically. However, concerns may arise regarding the administrative burden placed on these agencies to meet the new reporting requirements, especially among smaller departments that may lack the necessary resources.
Contention
One notable point of contention regarding SB665 is the balance between law enforcement efficacy and the potential for bureaucratic inefficiencies. Critics may express concerns that while increased oversight is crucial for ethical governance, the added responsibilities imposed on law enforcement could hinder their operational effectiveness, particularly in smaller municipalities. The bill's success will depend on the ease of implementation of the proposed tracking system, as well as the resources allocated to support these new requirements.
Relating to civil asset forfeiture proceedings, to the seizure and forfeiture of certain property, and to the reporting and disposition of proceeds and property from civil asset forfeiture.
Relating to the expenditure of proceeds and property from and the state's burden of proof in asset forfeiture proceedings under the Code of Criminal Procedure.
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.
Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.
Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.