SB61-SSA2,16,18
10(b) Sell the property that is not required by law to be destroyed or transferred
11to another agency.
The agency may retain any vehicle for official use or sell the
12vehicle. The agency seizing the property may
deduct use a portion, not to exceed 50
13percent
, of the amount received for administrative expenses of seizure, maintenance
14of custody, advertising
, and court costs and the costs of investigation and prosecution
15reasonably incurred
if the agency produces an itemized report of actual forfeiture
16expenses and submits the report to the department of administration to make it
17available on the department's website. The remainder shall be deposited in the
18school fund as the proceeds of the forfeiture.
SB61-SSA2,16,20
19(c) If the property forfeited
under ss. 973.075 to 973.077 is money,
deposit all
20the money
shall be deposited in the school fund.
SB61-SSA2,47
21Section 47
. 973.075 (4) (a) of the statutes is created to read:
SB61-SSA2,16,2422
973.075
(4) (a) If the property is a vehicle, retain it for official use for a period
23of up to one year. Before the end of that period, the agency shall do one of the
24following:
SB61-SSA2,17,8
11. Sell the property and use a portion, not to exceed 50 percent, of the amount
2received for payment of forfeiture expenses if the agency produces an itemized report
3of actual forfeiture expenses and submits the report to the department of
4administration to make it available on the department's website. The remainder
5shall be deposited in the school fund as proceeds of the forfeiture. In this subdivision,
6“forfeiture expenses” include all proper expenses of the proceedings for forfeiture and
7sale, including expenses of seizure, maintenance of custody, advertising, and court
8costs and the costs of investigation and prosecution reasonably incurred.
SB61-SSA2,17,139
2. Continue to retain the property, if the agency deposits 30 percent of the value
10of the vehicle, as determined by the department of revenue, in the school fund as
11proceeds of the forfeiture. If the agency sells the vehicle at a later time and receives
12as proceeds from the sale an amount in excess of the amount previously deposited
13in the school fund, the agency shall deposit the excess in the school fund.
SB61-SSA2,48
14Section
48. 973.075 (5) (intro.) of the statutes is amended to read:
SB61-SSA2,17,2415
973.075
(5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
16with due provision for the rights of innocent persons under
sub. (1) (b) 2m., (bg), (bm),
17(d) and (e) subs. (1g), (1k), and (1m). Except as provided in sub.
(5m) (5r), any
18property seized but not forfeited shall be returned to its rightful owner. Any person
19claiming the right to possession of property seized may apply for its return to the
20circuit court for the county in which the property was seized. The court shall order
21such notice as it deems adequate to be given the district attorney and all persons who
22have or may have an interest in the property and shall hold a hearing to hear all
23claims to its true ownership. If the right to possession is proved to the court's
24satisfaction, it shall order the property returned as soon as practically possible if:
SB61-SSA2,49
25Section
49. 973.075 (5m) of the statutes is repealed.
SB61-SSA2,50
1Section
50. 973.075 (5r) of the statutes is created to read:
SB61-SSA2,18,52
973.075
(5r) If a recording involved in a violation of ss. 943.207 to 943.209 is
3forfeited, the sheriff of the county in which the recording was seized shall destroy it
4after the completion of all proceedings in which the recording might be required as
5evidence.
SB61-SSA2,51
6Section 51
. 973.076 (1) (a) of the statutes is amended to read:
SB61-SSA2,18,137
973.076
(1) (a)
Type of action; where brought. In an action brought to cause the
8forfeiture of any property specified in s. 342.30 (4) (a) or s. 973.075 (1), the court may
9render a judgment in rem or against a party personally, or both. The circuit court
10for the county in which the property was seized shall have jurisdiction over any
11proceedings regarding the property when the action is commenced in state court.
12Any Subject to s. 973.075 (1r), any property seized may be the subject of a federal
13forfeiture action.
SB61-SSA2,52
14Section
52. 973.076 (1) (b) 1. of the statutes is amended to read:
SB61-SSA2,19,615
973.076
(1) (b) 1. The district attorney of the county within which the property
16was seized or in which the defendant is convicted shall commence the forfeiture
17action within 30 days after the seizure of the property or the date of conviction,
18whichever is earlier,
except that the defendant may request that and the forfeiture
19proceedings
shall be adjourned until after
adjudication the defendant is convicted of
20any charge concerning a crime which was the basis for the seizure of the property.
21The request shall be granted If property is seized, a charge shall be issued within 6
22months after the seizure, except that an unlimited number of 6-month extensions
23may be granted if, for each extension, a judge determines probable cause is shown
24and the additional time is warranted. If no charge is issued within 6 months after
25the seizure, or a 6-month extension is not granted, the seized property shall be
1returned to the owner. The forfeiture action shall be commenced by filing a
2summons, complaint and affidavit of the person who seized the property with the
3clerk of circuit court, provided service of authenticated copies of those papers is made
4in accordance with ch. 801 within 90 days after filing upon the person from whom
5the property was seized and upon any person known to have a bona fide perfected
6security interest in the property.
SB61-SSA2,53
7Section
53. 973.076 (1) (b) 1m. of the statutes is created to read:
SB61-SSA2,19,108
973.076
(1) (b) 1m. Upon motion by the prosecuting attorney, the court may
9waive the conviction requirement under subd. 1. if the prosecuting attorney shows
10by clear and convincing evidence that any of the following applies:
SB61-SSA2,19,1111
a. The defendant has died.
SB61-SSA2,19,1212
b. The defendant was deported by the U.S. government.
SB61-SSA2,19,1413
c. The defendant has been granted immunity in exchange for testifying or
14otherwise assisting a law enforcement investigation or prosecution.
SB61-SSA2,19,1515
d. The defendant fled the jurisdiction.
SB61-SSA2,19,1616
e. The property has been unclaimed for a period of at least 9 months.
SB61-SSA2,19,1817
f. The property is contraband that is subject to forfeiture under s. 961.55 (6),
18(6m), or (7).
SB61-SSA2,54
19Section 54
. 973.076 (2m) (a) of the statutes is amended to read:
SB61-SSA2,19,2320
973.076
(2m) (a) In addition to any penalties under this chapter, the court
21shall, with due provision for the rights of innocent persons
in accordance with sub.
22(5), order forfeiture of any property specified in s. 973.075 (1) in accordance with pars.
23(b), (c), and (d).
SB61-SSA2,55
24Section 55
. 973.076 (3) of the statutes is amended to read:
SB61-SSA2,20,4
1973.076
(3) Burden of proof. The state shall have the burden of
satisfying or 2proving by clear and convincing
to a reasonable certainty by the greater weight of the
3credible evidence that the property is subject to forfeiture under
s. ss. 973.075 to
4973.077.
SB61-SSA2,56
5Section 56
. 973.076 (3g) of the statutes is created to read:
SB61-SSA2,20,96
973.076
(3g) Privileges. The defendant or convicted offender may invoke the
7right against self-incrimination or the marital privilege during the
8forfeiture-related stage of the prosecution. The trier of fact at the hearing may draw
9an adverse inference from the invocation of the right or privilege.
SB61-SSA2,57
10Section
57. 973.076 (3m) of the statutes is created to read:
SB61-SSA2,20,1411
973.076
(3m) Proportionality. (a) The court may not order the forfeiture of
12property if the court finds that the forfeiture is grossly disproportional to the crime
13for which the person whose property was seized was convicted or that the forfeiture
14is unconstitutionally excessive under the state or federal constitution.
SB61-SSA2,20,1915
(b) A person who is alleging that the forfeiture is grossly disproportional or is
16unconstitutionally excessive under this subsection shall have the burden of
17satisfying or convincing to a reasonable certainty by the greater weight of the
18credible evidence that the forfeiture is grossly disproportional or unconstitutionally
19excessive.
SB61-SSA2,20,2120
(c) In determining whether the forfeiture is grossly disproportional or
21unconstitutionally excessive, the court shall consider the following:
SB61-SSA2,20,2222
1. The seriousness of the offense.
SB61-SSA2,20,2323
2. The purpose of the statute authorizing the forfeiture.
SB61-SSA2,20,2424
3. The maximum fine for the offense.
SB61-SSA2,20,2525
4. The harm that actually resulted from the defendant's conduct.
SB61-SSA2,21,3
1(d) In determining whether the forfeiture is grossly disproportional or
2unconstitutionally excessive, the court may not consider the value of the property to
3the state.
SB61-SSA2,58
4Section 58
. 973.076 (5) of the statutes is created to read:
SB61-SSA2,21,75
973.076
(5) Innocent owners. (a) Notwithstanding sub. (1) (b) 1., a person who
6claims to have an ownership interest in property subject to forfeiture as an innocent
7owner may petition the court for the return of his or her seized property at any time.
SB61-SSA2,21,128
(b) A person who has an ownership interest in property subject to forfeiture
9that exists at the occurrence of the illegal conduct giving rise to the forfeiture and
10who claims to be an innocent owner has the burden of proving by clear and convincing
11evidence that he or she has a legal right, title, or interest in the property seized under
12this chapter.
SB61-SSA2,21,1613
(c) If the requisite showing under par. (b) has been made, in order to proceed
14with a forfeiture action against the property, the state has the burden of proving by
15clear and convincing evidence that the person had actual or constructive knowledge
16of the underlying crime giving rise to the forfeiture.
SB61-SSA2,21,2117
(d) A person who has an ownership interest in property subject to forfeiture
18that he or she acquired after the occurrence of the conduct giving rise to the forfeiture
19and who claims to be an innocent owner has the burden of proving by clear and
20convincing evidence that he or she has a legal right, title, or interest in the property
21seized under this chapter.
SB61-SSA2,22,222
(e) If the requisite showing under par. (d) has been made, in order to proceed
23with a forfeiture action against the property, the state has the burden of proving by
24clear and convincing evidence that the person had actual or constructive knowledge
1that the property was subject to forfeiture or that the person was not a bona fide
2purchaser without notice of any defect in title and for valuable consideration.
SB61-SSA2,22,63
(f) If the state does not meet the burden under par. (c) or (e) as to any property,
4the court shall find that the property is the property of an innocent owner and not
5subject to forfeiture under this chapter and shall order the state to relinquish all
6claims of title to the property.
SB61-SSA2,59
7Section 59
. 973.076 (6) of the statutes is created to read:
SB61-SSA2,22,168
973.076
(6) Return of property. The court shall order the return of any
9property subject to forfeiture under ss. 973.075 to 973.077 within 30 days of acquittal
10or dismissal of charges for the offense which was the basis of the forfeiture action,
11or 6 months after a seizure which was the basis of the forfeiture action if no charges
12have been issued and no extension has been granted. If the property is co-owned by
132 or more defendants in a criminal action, and one or more defendant co-owners are
14acquitted or the charges against him or her are dismissed, the judge shall have
15discretion to the dispose of the co-owned property in accordance with the
16proportionality guidelines in sub. (3m) as he or she deems appropriate.
SB61-SSA2,60
17Section 60
. 973.076 (7) of the statutes is created to read:
SB61-SSA2,22,2218
973.076
(7) Attorney fees. A person who prevails in an action to return
19property subject to forfeiture under ss. 973.075 to 973.077 shall be awarded
20reasonable attorney fees by the state. For the purposes of this subsection, a claimant
21prevails if the person recovers more than 50 percent, by value, of the money or other
22property that is claimed.
SB61-SSA2,23,2
1(1) This act first applies to property that is seized on the effective date of this
2subsection.