Reference is to Printer's Date 03/27/19-H.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1500. 'Law enforcement agency' means any police force, multijurisdictional task force, fire department, or other local, county or state agency that has the authority under state law or operates in cooperation with a federal agency under federal law to engage in the seizure and forfeiture of property.
Section 23-3-1510. This article is applicable to any provision that authorizes a law enforcement agency to seize property that is used in the commission of a criminal offense.
Section 23-3-1520. (A)
The Prosecution Coordination Commission
(Commission) shall establish and maintain a case tracking system
and searchable public website that includes the following
information about property seized by a law enforcement agency
and forfeited under state law or under any agreement with the
federal government:
(1)
name of the law enforcement agency that seized the
property;
(2)
date the property was seized;
(3)
type of property seized, including year, make, model, and
serial number, as applicable;
(4)
location of the seizure: home; business; traffic stop
including street name and traffic direction where the seizure
occurred;
(5)
estimated value of the seized property;
(6)
criminal offense that led to the seizure;
(7)
crime for which the suspect was charged;
(8)
criminal case number;
(9)
outcome of any related criminal action, to include whether
any charges were brought or dropped, a plea bargain was reached,
a conviction was obtained, or an acquittal was issued;
(10)
if the forfeiture was not processed under state law, the
reason for the federal transfer: adoption or joint task
force;
(11)
forfeiture case number;
(12)
whether a claim or counterclaim was filed by a suspect,
innocent property owner, or a joint or third-party owner;
(13)
type of forfeiture procedure: criminal forfeiture,
civil-administrative forfeiture, or civil-judicial
forfeiture;
(14)
whether the property owner was represented by an attorney
in the forfeiture case;
(15)
date of forfeiture decision;
(16)
total administrative and other expenses deducted as part
of the forfeiture process;
(17)
net amount received from the forfeiture;
(18)
disposition of property following its seizure, to include
whether the property was:
(a)
fully returned to the owner;
(b)
partially returned to owner;
(c)
destroyed;
(d)
sold after forfeiture; or
(e)
retained after forfeiture by law enforcement; and
(19)
date of forfeiture decision.
Section 23-3-1530. (A)
The commission shall establish and maintain a searchable
public website that includes:
(1)
the total value of seized and forfeited property held by
the agency at the end of the reporting period; and
(2)
the total amount of funds expended, in each of the
following nine categories, which resulted from property seized,
forfeited, and reported in Section 23-3-1520:
(a)
drug abuse, crime, and gang prevention programs;
(b)
victim reparations;
(c)
investigation costs, including witness protection,
informant fees, and controlled buys;
(d)
salaries, overtime, and benefits, as permitted by law;
(e)
professional outside services, including auditing, court
reporting, expert witness fees, outside attorney fees and
membership fees paid to trade associations;
(f)
travel, meals, entertainment, conferences, training, and
continuing education;
(g)
other operating expenses including office supplies,
postage, and printing;
(h)
capital expenditures including vehicles, firearms,
equipment, computers, and furniture; and
(i)
other expenditures of forfeiture proceeds.
(B) The commission may
require that information not specified in this section also be
reported.
Section 23-3-1540. The law enforcement agency that seizes property and prosecutors that litigate related criminal cases and forfeiture proceedings shall update the commission's website with the information required under Section 23-3-1520 at the end of the month following each seizure of property. The commander of a multijurisdictional task force may appoint one agency to report its seizures. If an agency has made no seizures during the previous year, a null report shall be filed by the agency specifying that it did not engage in seizures or forfeitures during the reporting period.
Section 23-3-1550. The law enforcement agency that expends forfeiture-related proceeds shall update the commission's website with the information required under Section 23-3-1530 within thirty days after the end of the fiscal year. The commander of a multijurisdictional task force may appoint one agency to report its expenditures.
Section 23-3-1560. (A)
The commission shall develop a standard
form, webpage, process and deadlines for electronic data entry
for submission of seizure data, forfeiture data and expenditures
of proceeds by law enforcement agencies.
(B) The State Auditor
shall perform annually a financial audit under the generally
accepted auditing standards of records related to inventory of
seized property and expenditures of forfeiture proceeds. A copy
of the final audit report shall be submitted to the commission
no later than ninety days after the end of the fiscal year and
shall be made public.
(C) One hundred twenty
days after the close of the fiscal year, the commission shall
submit to the Speaker of the House of Representatives, President
of the Senate, Attorney General, and Governor a written report
summarizing activity in the State, for the preceding fiscal
year, that includes the type, approximate value, and disposition
of property seized and the amount of any proceeds received or
expended at the State and local levels. The report shall provide
a categorized accounting of all proceeds expended. The aggregate
report also shall be made available on the commission's
website.
(D) The commission
shall include in its aggregate report recommendations to the
General Assembly to improve forfeiture laws to better ensure
that forfeiture proceedings are reported and handled in a manner
that is fair to crime victims, innocent property owners, secured
interest holders, citizens, and taxpayers.
(E) The commission
shall include in its aggregate report information on law
enforcement agencies that are not in compliance with this
article.
(F) The commission may
recoup its costs by charging a fee to law enforcement agencies
that engage in seizures or forfeitures during the reporting
period. Each law enforcement agency may use forfeiture proceeds
to pay the cost of compiling and reporting data under this
article, including any fee imposed by the commission.
(G) The data and
reports compiled and prepared under this article regarding
completed forfeitures are public information pursuant to Chapter
4, Title 30.
(H) The commission may
adopt rules that are necessary to implement this article."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act
takes effect upon approval by the Governor and is subject to
funding by the General Assembly in the General Appropriations
Act. /
Renumber sections to conform.
Amend title to conform.