Restrictions approved for property seizure

Lawmakers passed a bill April 13 that places restrictions on the state’s civil forfeiture law, which allows law enforcement to seize property associated with suspected criminal activity without necessarily filing criminal charges.

LB1106, introduced by Bellevue Sen. Tommy Garrett, allows law enforcement agencies to dispense seized currency and property only after securing a criminal conviction. Persons not charged with a crime or later acquitted of a crime could recoup their property under the bill.

The bill incorporates provisions of Garrett’s LB1108 requiring law enforcement agencies to file annual reports detailing their seizure of property. Written reports must include the date, type, monetary value and location of each property seizure. If property is seized during a traffic stop, the agency must document the race or ethnicity of the person forfeiting the property and whether they were arrested or issued a citation.

LB1106 also allows law enforcement agencies to partner with a federal agency to conduct forfeiture litigation only if the seized property is valued at more than $25,000, involved in a federal investigation or physically confiscated by federal authorities. The state will have jurisdiction in all other cases.

Thirty days after a criminal charge is filed, a defendant can request a hearing to determine if the seized property was used in the commission of a crime. A person with a legal interest in seized property but unaware the property was used in the commission of a crime also can file a motion for a hearing.

The court will hold a hearing within 30 days and the prosecuting attorney is required to prove by clear and convincing evidence that the seized property was used in the commission of a crime.

The bill also adds the manufacture, distribution and possession of illegal drugs and child pornography to the crimes eligible for property seizure and forfeiture.

The bill passed on a 38-8 vote.