Amends TCA Title 12; Title 39; Title 40; Title 47; Title 53; Title 55; Title 57; Title 67; Title 69 and Title 70.

Present law establishes requirements for the forfeiture of property. This bill establishes new criminal forfeiture provisions that will apply to:<br /> <br /> (1) The seizure and forfeiture of property, including vehicles, used in or derived directly from one or more of the following criminal offenses that occur on or after July 1, 2023: arson, aggravated arson, reckless burning, unauthorized use of another person's name, photograph, or likeness, offenses involving controlled substances or controlled substance analogues, driving while license canceled, suspended, or revoked due to a conviction for driving under the influence, second or subsequent conviction for DUI, offenses involving alcoholic beverages or beer, for which property is subject to seizure, offenses involving unpaid tobacco tax, and offenses of the wildlife laws, for which property is subject to seizure; and<br /> <br /> (2) Seizure and forfeiture of all property that, prior to July 1, 2023, was forfeited utilizing the procedure provided under present law. If the seizure of property subject to forfeiture by this bill occurs on or after July 1, 2023, the procedure set out in this bill is the exclusive procedure for the forfeiture of the seized property. If property was seized prior to July 1, 2023, the procedure set out in present law remains the procedure for the forfeiture of that property.<br /> <br /> This bill establishes provisions that will govern in regard to the following topics for forfeitures under this bill:<br /> <br /> (1) Jurisdiction. This bill provides that there is no civil forfeiture under this bill. The court with jurisdiction over the related criminal matter will have jurisdiction over the forfeiture proceeding;<br /> <br /> (2) Seizure of personal property with process. At the request of the prosecuting authority, a court may issue an ex parte order to seize property that is subject to forfeiture and for which forfeiture is sought;<br /> <br /> (3) Seizure of personal property without process. This bill sets out circumstances under which personal property will be subject to seizure, incident to a lawful search, without a court order;<br /> <br /> (4) Seizure or restraint of real property with process. Under this bill, real property will not be subject to seizure without a court order. This bill sets out in detail the requirements for the court order;<br /> <br /> (5) Stolen property and contraband. This bill specifies that no property right exists in stolen property or contraband; that stolen property and contraband are subject to seizure; and that stolen property must be returned to the rightful owner of the property, and contraband must be disposed of according to law;<br /> <br /> (6) Receipt. This bill requires a law enforcement officer who seizes property that is subject to forfeiture to provide notice of the seizure in the form of an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, to leave the receipt in the place where the property was found, if possible;<br /> <br /> (7) Property exempt from seizure and forfeiture. Under this bill, the following are exempt: real property that is a person's homestead; United States currency in the amount of $200 or less; and a motor vehicle with a market value of less than $2,000;<br /> <br /> (8) Storing seized property and depositing seized currency. A seizing agency is responsible for providing storage, security, and maintenance for all property in the seizing agency's custody unless another agency agrees to accept responsibility for the property. A seizing agency may take reasonable actions to preserve currency for use as evidence;<br /> <br /> (9) Waiver prohibition. This bill prohibits a law enforcement officer, other than the prosecuting authority, from requesting, inducing, or requiring a person to waive, for purpose of seizure or forfeiture, the person's interest in property;<br /> <br /> (10) Title. This bill specifies that title to property that is subject to forfeiture vests with this state when the court issues a forfeiture judgment and relates back to the time when the property was seized or restrained;<br /> <br /> (11) Counsel. This bill specifies that if a defendant in a criminal matter is represented by a public defender or court-appointed counsel and the defendant is also a claimant for the return property that was seized as part of the criminal matter, the public defender or court-appointed counsel must represent the defendant in the forfeiture proceeding;<br /> <br /> (12) Notice to other known owners. This bill sets out in detail the requirements for such notice;<br /> <br /> (13) Prompt post-seizure hearing. This bill sets out in detail the requirements for the hearing and the return of property if the seizure is found to have been invalid;<br /> <br /> (14) Notice of proposed forfeiture accompanying charging instrument and notice of proposed forfeiture after indictment; This bill generally requires that, in a case in which the prosecuting authority seeks forfeiture of property, the prosecuting authority file a notice of proposed forfeiture with the court. This bill specifies the contents of the notice and the timing for service of the notice;<br /> <br /> (15) Property that is subject to forfeiture under this bill. This bill provides that property will be subject to forfeiture under this bill if: the defendant was arrested for an offense to which forfeiture applies; the defendant is convicted in a court of competent jurisdiction of a criminal offense for which forfeiture is applicable, except as provided in (16); and the prosecuting authority establishes by a preponderance of the evidence that the property is an instrumentality of or proceeds derived directly from the crime for which the prosecuting authority secured a conviction;<br /> <br /> (16) Exceptions to the conviction requirement. This bill sets out circumstances under which the court may waive the conviction requirement and grant title to the property to this state;<br /> <br /> (17) Proportionality. A defendant who claims an interest in property that was seized for forfeiture may petition the court with jurisdiction over the related criminal matter to determine, before trial, at trial, or upon conviction, whether the forfeiture is unconstitutionally excessive;<br /> <br /> (18) Rights of a secured interest holder and innocent owner;<br /> <br /> (19) Judgment. This bill sets out the circumstances under which the court must enter a judgment dismissing the forfeiture proceeding or enter a judgment forfeiting property to this state;<br /> <br /> (20) Substitution of assets;<br /> <br /> (21) Appeals;<br /> <br /> (22) Attorney fees. In any judicial proceeding under this bill in which a petitioner or criminal defendant prevails by recovering 50 percent or more, by value, of seized currency or other property claimed in the petition or forfeiture hearing, the court is required to order the seizing agency or prosecuting authority to pay: reasonable attorney fees and other litigation costs incurred by the petitioner or criminal defendant; post-judgment interest; and in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale, any interest actually paid from the date of seizure;<br /> <br /> (23) Return of property, damages, and costs;<br /> <br /> (24) Disposition of property and sale restrictions; and<br /> <br /> (25) Limitation on federal adoption. This bill does not prohibit a law enforcement agency from collaborating with the federal government. This bill requires district attorneys general to, after consultation with the appropriate United States attorney, establish guidelines for the use of federal adoption of seized property and participation in joint state and federal task forces in their jurisdictions based on federal safeguards against the circumvention of state law.<br />