No-Knock Search Warrant Bill or "Bou Bou's Law Bill" (SB 45)
· Private Probation Reform (HB 310)
· Civil Asset Forfeiture Reform (HB 233)
- Provides more procedural protections for those subject to civil asset forfeiture.
- Improves distribution of forfeiture (first to fees, then 10% to Das, last to participating law enforcement agencies pro rata, with a cap of 33% of each agency’s annual budget).
- Provides for better reporting
- Burden of proof, which is on the state, is still at preponderance.
- Despite being an improvement over the status quo, 33% cap is still high – and there is no restriction on forfeiture assets can be spent.
- Limits are placed on claims outside of forfeiture proceedings, as well as counterclaims and cross-claims.
- State attorney has 60 days after seizure to initiate forfeiture proceedings, with no exceptions for property that people need on a daily basis, like cars.
- If the owner of property interest should have reasonably known that conduct giving rise to forfeiture was likely to occur, then the owner can still be subject to forfeiture.
- Key Legislators: (1) Rep. Alex Atwood (R), (2) Mike Dudgeon (R), (3) Harry Geisinger (R), (4) Emory Dunahoo (R), (5) Rick Jasperse (R).
- Committee: House Judiciary (passed) Senate Judiciary Non-Civil
- Status: House Passed, adopted by substitute - 3/2/15
- Senate Committee Favorably Reported - 3/19/15
- Senate Read Second Time - 3/20/15