HB0872113th GA (Historical)Introduced

Amends TCA Title 40, Chapter 33.

Present law requires by March 1 of each year, the department of safety to report to the speakers of the senate and the house of representatives, the chair of the judiciary committee of the senate, and the chairs of the civil justice and criminal justice committees of the house of representatives, a report detailing, for the previous calendar year:<br /> <br /> (1) The total number of seizure cases opened by the department;<br /> <br /> (2) The number of seizure cases where an arrest was made;<br /> <br /> (3) The total number of cases resulting in forfeiture;<br /> <br /> (4) The types of property seized under this part and the totals of each type;<br /> <br /> (5) The amount of currency seized;<br /> <br /> (6) The amount of currency forfeited;<br /> <br /> (7) The total number of cases which resulted in a default by the property owner;<br /> <br /> (8) The total amount of currency forfeited as a result of default;<br /> <br /> (9) The total number of cases which resulted in a settlement;<br /> <br /> (10) The total amount of currency forfeited as a result of settlement;<br /> <br /> (11) The total amount of currency returned to the property owners as a result of settlement;<br /> <br /> (12) The total number of cases resulting in a hearing;<br /> <br /> (13) The total number of hearings resulting in forfeiture of assets;<br /> <br /> (14) The total amount of currency forfeited as a result of disposition by hearing;<br /> <br /> (15) The total amount of currency returned to the property owners as a result of a disposition by hearing; and<br /> <br /> (16) How proceeds derived from forfeited assets are used by the department.<br /> <br /> REVISIONS<br /> <br /> This bill makes the following changes to the above provision:<br /> <br /> (1) This bill requires the department to also publish the report on its website;<br /> <br /> (2) This bill adds to (8), (10), (11), (14), and (15) that the total amount of currency must also include the mean and median amounts;<br /> <br /> (3) This bill rewrites (9) to add the mean and median amount of time for cases from the date the case was opened by the department to the date the settlement was signed by the administrative law judge;<br /> <br /> (4) This bill adds that (13) includes:<br /> <br /> (A) The mean and median amounts of time for cases from the date the case was opened by the department to the date an administrative law judge entered a final order of forfeiture of assets after a hearing; and<br /> <br /> (B) The mean and median amounts of time for cases from the date the case was opened by the department to the date an administrative law judge entered a final order returning assets after a hearing;<br /> <br /> (5) This bill adds that the report must also detail, for the previous calendar year:<br /> <br /> (A) A table of the race, gender, age, and zip code of the residence of the person who possessed the property at the time of seizure;<br /> <br /> (B) The total value amount of property, including the mean and median amounts, forfeited as a result of default;<br /> <br /> (C) The total value of property, including the mean and median values, forfeited as a result of settlement;<br /> <br /> (D) The total value of property, including the mean and median values, returned to the property owner as a result of settlement;<br /> <br /> (E) The total value of property, including the mean and median values, forfeited as a result of a disposition by hearing; and<br /> <br /> (F) The total value of property, including the mean and median values, returned to the property owner as a result of a disposition by hearing; and<br /> <br /> (6) This bill rewrites (16) to add how proceeds derived from forfeited assets are used by each individual law enforcement agency.<br />

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Overview

Present law requires by March 1 of each year, the department of safety to report to the speakers of the senate and the house of representatives, the chair of the judiciary committee of the senate, and the chairs of the civil justice and criminal justice committees of the house of representatives, a report detailing, for the previous calendar year:<br /> <br /> (1) The total number of seizure cases opened by the department;<br /> <br /> (2) The number of seizure cases where an arrest was made;<br /> <br /> (3) The total number of cases resulting in forfeiture;<br /> <br /> (4) The types of property seized under this part and the totals of each type;<br /> <br /> (5) The amount of currency seized;<br /> <br /> (6) The amount of currency forfeited;<br /> <br /> (7) The total number of cases which resulted in a default by the property owner;<br /> <br /> (8) The total amount of currency forfeited as a result of default;<br /> <br /> (9) The total number of cases which resulted in a settlement;<br /> <br /> (10) The total amount of currency forfeited as a result of settlement;<br /> <br /> (11) The total amount of currency returned to the property owners as a result of settlement;<br /> <br /> (12) The total number of cases resulting in a hearing;<br /> <br /> (13) The total number of hearings resulting in forfeiture of assets;<br /> <br /> (14) The total amount of currency forfeited as a result of disposition by hearing;<br /> <br /> (15) The total amount of currency returned to the property owners as a result of a disposition by hearing; and<br /> <br /> (16) How proceeds derived from forfeited assets are used by the department.<br /> <br /> REVISIONS<br /> <br /> This bill makes the following changes to the above provision:<br /> <br /> (1) This bill requires the department to also publish the report on its website;<br /> <br /> (2) This bill adds to (8), (10), (11), (14), and (15) that the total amount of currency must also include the mean and median amounts;<br /> <br /> (3) This bill rewrites (9) to add the mean and median amount of time for cases from the date the case was opened by the department to the date the settlement was signed by the administrative law judge;<br /> <br /> (4) This bill adds that (13) includes:<br /> <br /> (A) The mean and median amounts of time for cases from the date the case was opened by the department to the date an administrative law judge entered a final order of forfeiture of assets after a hearing; and<br /> <br /> (B) The mean and median amounts of time for cases from the date the case was opened by the department to the date an administrative law judge entered a final order returning assets after a hearing;<br /> <br /> (5) This bill adds that the report must also detail, for the previous calendar year:<br /> <br /> (A) A table of the race, gender, age, and zip code of the residence of the person who possessed the property at the time of seizure;<br /> <br /> (B) The total value amount of property, including the mean and median amounts, forfeited as a result of default;<br /> <br /> (C) The total value of property, including the mean and median values, forfeited as a result of settlement;<br /> <br /> (D) The total value of property, including the mean and median values, returned to the property owner as a result of settlement;<br /> <br /> (E) The total value of property, including the mean and median values, forfeited as a result of a disposition by hearing; and<br /> <br /> (F) The total value of property, including the mean and median values, returned to the property owner as a result of a disposition by hearing; and<br /> <br /> (6) This bill rewrites (16) to add how proceeds derived from forfeited assets are used by each individual law enforcement agency.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2023

Subjects
18264190

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