HB 1309 -- Criminal Forfeitures

Sponsor:  Lipke

This bill repeals the civil procedures regarding criminal
activity forfeiture actions and establishes new procedures for
the seizing of property tied to criminal activity.  Any property
used or intended to be used in the commission of a crime or the
proceeds of any crime will be subject to criminal forfeiture.
Property may be subject to forfeiture even though a criminal
prosecution is not conducted.

The circuit court where the property seizure occurred has
jurisdiction over any seized property.  Law enforcement may seize
any property subject to forfeiture upon the issuance of a search
warrant or when there is probable cause that the property is
subject to forfeiture.  The seizure of inhabited residential
property requires an adversarial judicial determination prior to
seizure unless the prosecution can demonstrate exigent
circumstances at an ex parte proceeding.  Real property will not
be subject to forfeiture in prosecutions for possession of
controlled substances solely for personal consumption.

The owner of seized property may obtain release of the property
upon posting a surety bond equal to the fair market value of the
property.  The court may order the seized property to be sold,
leased, or operated to preserve the interests of any party.

If property subject to forfeiture is lost, transferred to a third
party, moved beyond the jurisdiction of the court, commingled
with other property, or subject to a legal claim by an innocent
party exempt from forfeiture proceedings, the court may order the
forfeiture of other property in the property owner's possession.

Forfeiture proceedings must be commenced within seven years of
the activity making the property subject to forfeiture.  The
proceeds of the sale of forfeited property will be distributed in
the following manner:  satisfaction of any liens upon the
property held by innocent parties; payment of all expenses of the
forfeiture proceedings, including the expenses of seizure; school
safety measures, such as drug eradication efforts, which cannot
exceed 50% of the total proceeds of the sale; and the remainder
to the schools in the county.

The bill includes procedures to allow innocent parties who have a
legal claim to the property to protect their interests in the
property.

The minimum teacher's salary will be increased from $18,000 to
$25,000; and for any full-time teacher with a master's degree and
at least 10 years' teaching experience in the public school
system, the minimum salary will be increased from $24,000 to
$30,000.

The bill creates the School Improvement Revolving Fund for the
deposit of forfeitures transferred under Section 166.131, RSMo,
all gifts and bequests to the fund, and any moneys that may be
appropriated to the fund.  School districts may apply for
assistance from the fund for minimum teachers' salaries
supplements and for specific safe schools projects.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am