HB0724 Alter, Bill et al

P R E F I L E D

HB 724 -- Confiscated Property

This bill regulates the return of personal property confiscated by law enforcement officials. The bill allows the owner of confiscated personal property to request in writing, that the property be returned. The chief law enforcement officials must respond in writing within 10 days that the property:

(1) will be returned immediately;

(2) is subject to criminal forfeiture proceedings; or

(3) is held by law enforcement as evidence of a crime committed.

If the chief law enforcement official fails to respond to the request, fails to return the property, or the property is not subject to forfeiture proceedings, the owner has a civil cause of action against the law enforcement official both in a public and private capacity. The court finding for the owner will enter judgment against the law enforcement agency and the chief law enforcement official as jointly and severably liable. The judge will order the return of the property and 3 times the value of the property or actual damages, whichever is greater, and reasonable attorney's fees and costs.

The return of property proceedings will be stayed if criminal proceedings or proceedings under the Criminal Activity Forfeiture Act have been commenced.