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SD SB172

SD SB172
Revise provisions regarding civil forfeiture.


summary

Introduced
02/06/2020
In Committee
02/27/2020
Crossed Over
Passed
Dead
03/30/2020

Introduced Session

2020 Regular Session

Bill Summary

An Act to revise provisions regarding civil forfeiture.

AI Summary

This bill revises the provisions regarding civil forfeiture in South Dakota. It prohibits civil forfeiture and requires any forfeiture proceeding to be held following the trial of the related criminal offense. The bill establishes that property may only be forfeited if the state proves by clear and convincing evidence that the property is either derived from the underlying offense or was used to commit or facilitate the offense. It also outlines the process for a person with an interest in the seized property to petition the court for its return. Additionally, the bill includes several provisions related to the distribution of forfeited property, reporting requirements for law enforcement, and restrictions on transferring seized property to federal agencies.

Committee Categories

Justice

Sponsors (2)

Last Action

Senate Do Pass Amended, Failed, YEAS 15, NAYS 20. S.J. 373 (on 02/27/2020)

bill text


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