SB 5733 — Concerning civil asset forfeiture.

S-4075.1S-3452.1 SUBSTITUTE SENATE BILL 5733 State of Washington 67th Legislature 2022 Regular Session By Senate Law & Justice (originally sponsored by Senators Padden and Hasegawa)Hasegawa READPrefiled FIRST01/07/22. TIME 01/28/22.

1 SSBSB 5733 sale, delivery, or receipt of property described in (a) or (b) of this subsection, except that:

2 SSBSB 5733 instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission.

3 SSBSB 5733 (iv) The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of real property unless the sale was forty grams or more in the case of marijuana or one hundred dollars or more in the case of a legend drug, and a substantial nexus exists between the unlawful sale and the real property;

4 SSBSB 5733 seizure and intended forfeiture of the seized property.

5 SSBSB 5733 following service of the notice of seizure in the case of real property.

In all cases, the burden of proof is upon the law enforcement agency to establish, by a((a preponderance of thethe)) clear and convincing evidence, that the property is subject to forfeiture.

6 SSBSB 5733 (b) Sell that which is not required to be destroyed by law and which is not harmful to the public;

(vii) The crime for which the suspect was charged,charged; if available at the time of reporting;

(viii) Whether the suspect was convicted of a crime,crime; if available at the time of reporting;

(xi) The date of disposition of the property;

7 SSBSB 5733 (xi)(xii) The datebasis offor disposition of theproperty property;in (a)(x) of this subsection, such as suspect found not guilty, plea agreement, or criminal forfeiture or civil forfeiture;

(xii) The basis for disposition of property in (a)(x) of this subsection, such as an agreed disposition or agreed resolution, if available at the time of reporting;

(b) Each calendar quarter when property is forfeited, the seizing agency shall file a report, that includes all of the records in (a) of this subsection, to the departmentoffice of commerce.the attorney general.

The departmentoffice of commercethe attorney general must establish and maintain a searchable public website that includes all of the records in (a) of this subsection.

(c) By March 1st each year, the seizing agency must file with the departmentoffice of commercethe attorney general a report that summarizes the agency's expenditures from the sum of the net proceeds of all seized and forfeited property during the previous calendar year.

(i) ProfessionalAbuse, outsidecrime, services, including auditing, court reporting, expert witnesses, outside attorneys' fees, and membershipgang feesprevention paidprograms; to trade associations;

(ii) Travel,Witness meals,protection, conferences,informant training,fees, and continuingcontrolled educationbuys; seminars;

(iii) CapitalSalaries, expendituresovertime, including vehicles, firearms, equipment, computers, and furniture;benefits;

and (iv) TheProfessional totaloutside valueservices, ofincluding forfeitedauditing, propertycourt heldreporting, byexpert thewitnesses, agencyoutside atattorneys' thefees, endand ofmembership thefees reportingpaid period.to trade associations;

(9)(a)(v) ByTravel, Januarymeals, 31stentertainment, ofconferences, eachtraining, year,and eachcontinuing seizingeducation agencyseminars; shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the preceding calendar year.

(vi) Other operating expenses including office supplies, postage, and printing;

(vii) Capital expenditures including vehicles, firearms, equipment, computers, and furniture;

(viii) Other expenditures of forfeiture proceeds;

and (ix) The total value of forfeited property held by the agency at the end of the reporting period.

(9)(a) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the p.

8 SB 5733 net proceeds of any property forfeited during the preceding calendar year.

and in the case of sold property, after deducting the cost of sale, including reasonable fees or p.commissions paid to independent selling agents, and the cost of any valid landlord's claim for damages under subsection (15) of this section.

8 SSB 5733 commissions paid to independent selling agents, and the cost of any valid landlord's claim for damages under subsection (15) of this section.

(13)p. The failure, upon demand by a ((board)) commission inspector or law enforcement officer, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that he or she is the holder thereof constitutes authority for the seizure and forfeiture of the plants.

(14)9 UponSB the5733 entry(13) ofThe anfailure, orderupon ofdemand forfeitureby ofa real((board)) property,commission inspector or law enforcement officer, of the courtperson shallin forwardoccupancy aor copyin control of land or premises upon which the orderspecies of plants are growing or being stored to produce an appropriate registration or proof that he or she is the assessorholder thereof constitutes authority for the seizure and forfeiture of the p.plants.

9(14) SSBUpon 5733the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located.

(b)p. For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:

10 SB 5733 (b) For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either:

p.(16) The landlord's claim for damages under subsection (15) of this section may not include a claim for loss of business and is limited to:

10 SSB 5733 (16) The landlord's claim for damages under subsection (15) of this section may not include a claim for loss of business and is limited to:

11 SSBSB 5733