SCS SB 5 & 21 -- CRIMINAL ACTIVITY FORFEITURE ACT

This bill makes a number of changes to the Criminal Activity
Forfeiture Act (CAFA).  The bill:

(1)  Defines "seizing agency" as the agency that is the primary
employer of the officer or agent seizing the property and
"seizure" as the point at which any law enforcement officer or
agent discovers and exercises control over property believed to
be associated with criminal activity (Section 513.605, RSMo);

(2)  Prohibits seized property from being disposed of pursuant
to unclaimed property provisions, unless a CAFA proceeding is
unsuccessful (Section 513.607);

(3)  Requires the prosecuting attorney or Attorney General to
submit an annual report detailing information about seizures to
the State Auditor.  Currently, the report must only be submitted
to the Department of Public Safety.  The bill further requires
the State Auditor to make an annual report compiling these data
to be presented annually to the General Assembly (Section
513.607);

(4)  Makes intentional or knowing failure to comply with seizure
reporting requirements a class A misdemeanor, punishable by a
fine of up to $1,000 (Section 513.607);

(5)  Specifies that property seized may not be transferred to a
federal agency for forfeiture under federal law without court
approval, regardless of the identity of the seizing agency
(Section 513.647);

(6)  Changes the requirements for the prosecuting attorney or
circuit judge to approve a transfer of seized property.  The
bill prohibits a transfer unless the activity producing the
seizure involves more than one state or is reasonably likely to
result in criminal charges being filed based on a statement of
intent to prosecute from the U.S. attorney with jurisdiction.
Current law prohibits a transfer unless the activity involves
more than one state or the nature of the investigation or
seizure would be better pursued under federal forfeiture
statutes (Section 513.647); and

(7)  Makes it a class A misdemeanor, punishable by a fine of up
to $1,000, for law enforcement agencies using the federal
forfeiture system to fail to comply intentionally or knowingly
with statutory audit requirements (Section 513.653).

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am