Bill
Number: S.B. 1556
Farnsworth
E Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Stipulates that the
court may waive the conviction requirement for forfeiture if the prosecuting
authority shows by clear and convincing evidence that there is no known owner
of the seized property, diligent efforts have been made to identify the owner
and no person asserts an ownership interest in the seized property.
2. Clarifies that the
state must return property to the innocent owner when it is unable to prove the
innocent owner had actual knowledge of the crime that gave rise to the
forfeiture.
3. States that if no
timely claims have been filed or the court has waived the conviction requirement
then the state may initiate forfeiture proceedings before a criminal conviction
for an offense in which forfeiture applies.
4. Prohibits the court
from charging a person who claims ownership or to be an interest holder a
filing fee or a fee for filing an answer.
Page 1, strike lines 1 and 2, insert:
"Page
16, line 13, after "by" insert "a"
Page 20,
line 2, after "that" insert "there is no known owner of the seized property, diligent efforts have
been made to identify the owner of the seized property and no person has
asserted an ownership interest in the seized property or that"
Line 13,
after "H." strike remainder of line insert "A"
Line 15,
strike "holds" insert "Either:
1. Held"
Line 16,
strike "and either:"
Line 17,
strike "1. Held an ownership interest in the
seized property"
Strike line
19 insert a period
Line 20,
strike "an ownership" insert "as a bona fide purchaser for value a legal right, title or";
after "in" insert "the"
Line 21,
strike "forfeiture" insert "seizure of the property"
Strike lines
22 through 28
Reletter to
conform
Line 37,
strike "J" insert "I"
Line 39,
strike "innocent owner's"; after "property" insert "and return the
property to the innocent owner""
Between
lines 3 and 4, insert:
"Page
25, line 41, after "applies" insert "unless no claims for the seized property were timely filed or the
court waived the conviction requirement pursuant to section 13‑4304"
Page 27,
line 41, after the period insert "The clerk of court may
not charge a person who claims ownership or to be an interest holder a filing
fee or any charge for filing the answer."
Page 28,
line 28, after "conviction" insert "or the court waived the requirement for a conviction pursuant to
section 13‑4304"
Page 31,
line 31, strike "compensation of" insert "compensating"
Page 32,
line 10, after "that" insert "there is no known owner of the seized property, diligent efforts have
been made to identify the owner of the seized property and no person has
asserted an ownership interest in the seized property or that""
Amend title to conform