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S.F. No. 385 - Modifying Forfeiture Laws on how Proceeds from Forfeited Property may be used
Author: Senator Scott J. Newman
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
Date: February 25, 2015


Sections 1, 2, and 4 prohibit law enforcement or prosecuting agencies from using the proceeds from the sale of forfeited property to pay base salaries, benefits, overtime, bonuses, or litigation costs of a private attorney. Applies to forfeiture involving DNR, DWI, and criminal offenses.

Section 3 strikes obsolete language from 2010 requiring law enforcement and prosecutorial agencies to develop a model forfeiture policy. Requires agencies to maintain written forfeiture policies consistent with the 2010 model policy.

Section 5 amends current reporting requirements. Currently, law enforcement and prosecutors must submit monthly forfeiture reports to the state auditor on: amounts forfeited, statutory authority, date, description, and contested cases. The state auditor compiles an annual report.  This section requires agencies to report on the total dollar amount of expenditures from forfeiture proceeds, including substance abuse prevention programs, law enforcement programs, travel expenses, training expenses, equipment, and other expenses. Authorizes the state auditor to charge a fee to agencies to recoup its costs to compile annual report.


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