Amends TCA Title 8; Title 16; Title 17; Title 19; Title 20; Title 29; Title 39 and Title 40.

Under present law, the items listed below are subject to criminal asset forfeiture for a violation of the following offenses: (1) Involuntary labor servitude; (2) Trafficking for forced labor or services; and (3) Trafficking for commercial sex act. The items to which the above list applies are: (1) When used or intended to be used in connection with such violation: (A) Conveyances, including aircraft, motor vehicles, and other vessels; (B) Books, records, telecommunication equipment, or computers; (C) Money or weapons; and (D) Real property; (2) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of the above offenses; (3) Any property acquired by or received in violation of the above offense, or as an inducement to violate the offenses; (4) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land, and any property used as an instrumentality in or used in furtherance of a violation. This bill adds the following offenses to the list of offenses that would make the above items subject to criminal asset forfeiture: (A) Aggravated rape of a child; (B) Rape of a child; (C) Aggravated rape; (D) Rape; and (E) Commission of an act of terrorism. ON MARCH 21, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2682, AS AMENDED. AMENDMENT #1 rewrites this bill to expand the list of offenses for which various items are subject to judicial forfeiture. Under present law, the list of such offenses includes involuntary labor servitude, trafficking for forced labor or services, and trafficking for commercial sex acts. This amendment adds aggravated kidnapping, especially aggravated kidnapping, aggravated rape of a child, rape of a child, aggravated rape, rape, and commission of an act of terrorism to the list, when any such offense is committed on or after July 1, 2022. ON APRIL 11, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2682 FOR HOUSE BILL 2271, ADOPTED AMENDMENTS #1 AND #2, AND PASSED SENATE BILL 2682, AS AMENDED. AMENDMENT #1 adds the following to the list of offenses the commission of which subject certain items to forfeiture: kidnapping and, if the bill creating these offenses becomes law, especially aggravated rape, especially aggravated rape of a child, and grave torture. This amendment also revises the present law provision regarding disposition of forfeited property. Under present law, all property ordered forfeited must be sold at public auction. The proceeds from all property forfeited and sold at public auction are disposed of by the court as follows: (1) The attorney general is first compensated for all expenses incident to the litigation, as approved by the court. Any such costs for appeals shall be provided for by the trial court upon conclusion of the litigation; (2) The attorney general then directs that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure and storage of the forfeited property; and (3) If any property seized and ordered forfeited was taken from the lawful owner through theft or fraud, then the property is returned to the lawful owner, or restitution provided, as the court determines. This amendment revises the above provisions to instead provide the following: (1) If the property seized and ordered forfeited was taken from the lawful owner through theft or fraud, then the property shall be returned to the lawful owner, or restitution provided, as the court determines; (2) If the defendant owes restitution, the proceeds must first be directly applied to satisfy any judgments against the defendant for restitution in favor of the victim; (3) Then the attorney general will be compensated for all expenses incident to the litigation, as approved by the court. Any such costs for appeals shall be provided for by the trial court upon conclusion of the litigation; and (4) The attorney general will then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure, and storage of the forfeited property. AMENDMENT #2 clarifies that especially aggravated rape, especially aggravated rape of a child, and grave torture will be added on the day following the effective date of the bill creating those offenses, if that bill becomes law.