SCS/SBs 5 & 21 - This act revises various provisions of the Criminal Activity Forfeiture Act (CAFA). The act defines "seizure" as the point at which an officer or agent discovers and exercises any control over the property, including detaining anyone from leaving the scene of an investigation while in possession of the property. "Seizing agency" is defined as the agency that primarily employs the officer or agent that seized the property, including any agency in which anyone is acting on behalf of the agency is employed by the state or any political subdivision. The act amends the requirement for transfer of a case to a federal agency, upon showing that activity giving rise to the seizure involves more than one state, or when it is reasonably likely that federal criminal charges will be filed, based on a written statement of intent to prosecute from the U.S. Attorney with jurisdiction.

Law enforcement must report all seizures to the prosecuting attorney or the Attorney General, and to the state auditor. The prosecuting attorney and Attorney General shall file an annual report regarding the seizure activity to the Department of Public Safety, and to the State Auditor, by January 31. The State Auditor shall make an annual report to the General Assembly by February 28, compiling the various data received. Intentional or knowing failure to comply with these reporting requirements shall be a Class A misdemeanor, punishable by a fine up to $1,000.

No property may be transferred to a federal agency without judicial approval, regardless of the identity of the seizing agency. Law enforcement agencies using the federal forfeiture system must file an annual audit with the state auditor's office. Intentional or knowing failure to comply with the auditing requirement of this section shall be a Class A misdemeanor, punishable by a fine up to $1,000. Any property seized by a law enforcement officer or agent shall not be disposed of pursuant to the unclaimed or abandoned property statutes, unless a CAFA proceeding is unsuccessful.

This act is similar to HB 444 (2001).
ALAN KELLY