SB521,4 3Section 4. 961.55 (1) (d) (intro.) of the statutes is amended to read:
SB521,3,94 961.55 (1) (d) (intro.) All vehicles which are used, or intended for use, to
5transport, or in any manner to facilitate the transportation, for the purpose of sale
6or receipt of property described in pars. (a) and (b) or for the purpose of transporting
7any property or weapon used or to be used or received in the commission of any felony
8under this chapter, but: except that a vehicle is not subject to forfeiture for a violation
9of s. 961.41 (3g) (b) to (g).
SB521,5 10Section 5. 961.55 (1) (d) 1. of the statutes is repealed.
SB521,6 11Section 6. 961.55 (1) (d) 2. of the statutes is repealed.
SB521,7 12Section 7. 961.55 (1) (d) 3. of the statutes is repealed.
SB521,8 13Section 8. 961.55 (1) (d) 4. of the statutes is repealed.
SB521,9 14Section 9. 961.55 (1g) of the statutes is created to read:
SB521,3,1715 961.55 (1g) No item is subject to forfeiture under this chapter unless a person
16is convicted of the criminal offense that was the basis for the seizure of the item or
17that is related to the action for forfeiture.
SB521,10 18Section 10. 961.55 (1k) of the statutes is created to read:
SB521,3,2219 961.55 (1k) (a) A person who is charged with a crime or subject to a forfeiture
20proceeding that gave rise to the seizure of property and who claims an ownership
21interest in the seized property may, at any time before the property is subject to
22forfeiture, petition the court to return the property to him or her.
SB521,3,2423 (b) In determining whether to return seized property to a person under this
24subsection, the court shall consider all of the following:
SB521,4,2
11. The seriousness of the alleged offense and its impact on the community,
2including the duration of the activity and the harm allegedly caused by the person.
SB521,4,33 2. The extent to which the person is alleged to have participated in the offense.
SB521,4,54 3. The extent to which the property was allegedly used in committing the
5offense.
SB521,4,66 4. The sentence or amount of forfeiture for the offense.
SB521,4,87 5. Whether the person is alleged to have completed or attempted to complete
8the offense.
SB521,4,99 6. The fair market value of the property.
SB521,4,1110 7. The value of the property to the person, including the hardship to the person
11if the property is not returned.
SB521,4,1212 8. The hardship to the person's family members if the property is not returned.
SB521,4,1613 (c) If a court orders property returned under this subsection, the court shall
14order the person not to sell, transfer, assign, or otherwise encumber the property
15until the court either orders the property returned under sub. (3) or forfeited under
16s. 961.555.
SB521,4,1917 (d) If the person is subsequently convicted of or found to have committed the
18offense, the court shall order the person to surrender the property for proceedings
19under s. 961.555.
SB521,11 20Section 11. 961.55 (1m) of the statutes is created to read:
SB521,4,2521 961.55 (1m) (a) A person who is not the person charged with or convicted of a
22crime that gave rise to the seizure of the property or the forfeiture proceeding and
23who claims an ownership interest in seized property has the burden of production to
24show that he or she has a legal right, title, or interest in the property and that one
25of the following is true:
SB521,5,2
11. He or she had the ownership interest at the time of the conduct that gave rise
2to the seizure of the property or the forfeiture proceeding.
SB521,5,43 2. He or she acquired the ownership interest after the time of the conduct that
4gave rise to the seizure of the property or the forfeiture proceeding.
SB521,5,75 (b) 1. If a person meets the burden under par. (a) 1., the state shall prove by a
6preponderance of the evidence that the person had actual or constructive knowledge
7of the conduct that gave rise to the forfeiture.
SB521,5,98 2. If a person meets the burden under par. (a) 2., the state shall prove by a
9preponderance of the evidence that one of the following is true:
SB521,5,1110 a. The person had actual or constructive knowledge that the property was
11subject to forfeiture when he or she acquired an ownership interest in the property.
SB521,5,1212 b. The person was not a bona fide purchaser of the property.
SB521,5,1513 (c) If the state does not meet the burden under par. (b) as to any property, the
14court shall find that the property is the property of an innocent owner and not subject
15to forfeiture under this chapter.
SB521,12 16Section 12. 961.55 (1r) of the statutes is created to read:
SB521,5,2017 961.55 (1r) No law enforcement officer or agency or state or local employee or
18agency may transfer property that may otherwise be seized and forfeited under this
19chapter to a federal law enforcement authority or other federal agency unless one of
20the following applies:
SB521,5,2221 (a) The value of the seized property exceeds $50,000, excluding the potential
22value of the sale of contraband.
SB521,5,2323 (b) The seized property may only be forfeited under federal law.
SB521,13 24Section 13. 961.55 (3) (intro.) of the statutes is amended to read:
SB521,6,11
1961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub.
2(4) shall be instituted promptly. All dispositions and forfeitures under this section
3and ss. 961.555 and 961.56 shall be made with due provision for the rights of innocent
4persons under sub. (1) (d) 1., 2. and 4. subs. (1g), (1k), and (1m). Any property seized
5but not forfeited shall be returned to its rightful owner. Any person claiming the
6right to possession of property seized may apply for its return to the circuit court for
7the county in which the property was seized. The court shall order such notice as it
8deems adequate to be given the district attorney and all persons who have or may
9have an interest in the property and shall hold a hearing to hear all claims to its true
10ownership. If the right to possession is proved to the court's satisfaction, it shall
11order the property returned if:
SB521,14 12Section 14. 961.55 (5) (a) of the statutes is repealed.
SB521,15 13Section 15. 961.55 (5) (b) of the statutes is amended to read:
SB521,6,2114 961.55 (5) (b) Sell that which is not required to be destroyed by law and which
15is not harmful to the public. The agency may use 50 percent of the amount received
16for payment of forfeiture expenses. The remainder shall be deposited
shall deposit
17all amounts received
in the school fund as proceeds of the forfeiture. In this
18paragraph, "forfeiture expenses" include all proper expenses of the proceedings for
19forfeiture and sale, including expenses of seizure, maintenance of custody,
20advertising, and court costs and the costs of investigation and prosecution
21reasonably incurred.
SB521,16 22Section 16. 961.55 (5) (e) (intro.) of the statutes is renumbered 961.55 (5) (e)
23and amended to read:
SB521,7,3
1961.55 (5) (e) If the property forfeited is money, retain the sum of all of the
2following for payment of forfeiture expenses, as defined in par. (b), and
deposit the
3remainder money in the school fund :.
SB521,17 4Section 17. 961.55 (5) (e) 1. of the statutes is repealed.
SB521,18 5Section 18. 961.55 (5) (e) 2. of the statutes is repealed.
SB521,19 6Section 19. 961.555 (1) of the statutes is amended to read:
SB521,7,127 961.555 (1) Type of action; where brought. In an action brought to cause the
8forfeiture of any property seized under s. 961.55, the court may render a judgment
9in rem or against a party personally, or both. The circuit court for the county in which
10the property was seized shall have jurisdiction over any proceedings regarding the
11property when the action is commenced in state court. Any Subject to s. 961.55 (1r),
12any
property seized may be the subject of a federal forfeiture action.
SB521,20 13Section 20. 961.555 (2) (a) of the statutes is amended to read:
SB521,7,2414 961.555 (2) (a) The district attorney of the county within which the property
15was seized shall commence the forfeiture action within 30 days after the seizure of
16the property, except that the defendant may request that the forfeiture proceedings
17be adjourned until after adjudication
the defendant was convicted of any charge
18concerning a crime which was the basis for the seizure of the property. The request
19shall be granted.
The forfeiture action shall be commenced by filing a summons,
20complaint and affidavit of the person who seized the property with the clerk of circuit
21court, provided service of authenticated copies of those papers is made in accordance
22with ch. 801 within 90 days after filing upon the person from whom the property was
23seized and upon any person known to have a bona fide perfected security interest in
24the property.
SB521,21 25Section 21. 961.555 (3m) of the statutes is created to read:
SB521,8,4
1961.555 (3m) Proportionality. (a) The court may not order the forfeiture of
2property if the court finds that the forfeiture is grossly disproportional to the crime
3for which the person whose property was seized was convicted or that the forfeiture
4is unconstitutionally excessive under the state or federal constitution.
SB521,8,95 (b) A person who is alleging that the forfeiture is grossly disproportional or is
6unconstitutionally excessive under this subsection shall have the burden of
7satisfying or convincing to a reasonable certainty by the greater weight of the
8credible evidence that the forfeiture is grossly disproportional or unconstitutionally
9excessive.
SB521,8,1110 (c) In determining whether the forfeiture is grossly disproportional or
11unconstitutionally excessive, the court shall consider the following:
SB521,8,1312 1. The seriousness of the offense and its impact on the community, including
13the duration of the activity and the harm caused by the person.
SB521,8,1414 2. The extent to which the person participated in the offense.
SB521,8,1515 3. The extend to which the property was used in committing the offense.
SB521,8,1616 4. The sentence imposed on the person for the offense.
SB521,8,1717 5. Whether the person completed or attempted to complete the offense.
SB521,8,1818 6. The fair market value of the property.
SB521,8,2019 7. The value of the property to the person, including the hardship to the person
20if the property is forfeited.
SB521,8,2121 8. The hardship to the person's family members if the property is forfeited.
SB521,8,2422 (d) In determining whether the forfeiture is grossly disproportional or
23unconstitutionally excessive, the court may not consider the value of the property to
24the state.
SB521,22 25Section 22. 961.555 (5) of the statutes is created to read:
SB521,9,6
1961.555 (5) Reports. (a) Each law enforcement agency shall prepare an annual
2report on its seizure and forfeiture activity. A law enforcement agency that seized
3no property or that did not pursue a forfeiture of property under this section or under
4federal law shall state that in its report. Each law enforcement agency that seized
5or pursued forfeiture of any property under this section or under federal law shall
6include all of the following in its report:
SB521,9,87 1. The total number of seizures of currency and the total amount of currency
8seized in each seizure.
SB521,9,109 2. The total number of seizures of property and the number and types of items
10seized in each seizure.
SB521,9,1111 3. The market value of each item of property seized.
SB521,9,1312 4. The total number of occurrences of each category of crime that resulted in
13the agency's seizure of property.
SB521,9,1514 5. The total amount of money or other property that the law enforcement
15agency received from its seizure or forfeiture activity.
SB521,9,1916 (b) Each law enforcement agency that prepares a report under par. (a) shall
17make the report available to the public and shall submit the report to the district
18attorney for the county where the law enforcement agency is located and to the
19department of justice.
SB521,9,2320 (c) The department of justice shall compile the reports submitted by each law
21enforcement agency and shall annually create an aggregate report of all seizures and
22forfeitures in the state under this section, s. 973.076, or federal law. The department
23of justice shall make the report available for public view on its Internet site.
SB521,23 24Section 23. 973.075 (title) of the statutes is amended to read:
SB521,10,2
1973.075 (title) Forfeiture of property derived from crime and certain
2vehicles
; transfers to federal government.
SB521,24 3Section 24. 973.075 (1) (intro.) of the statutes is amended to read:
SB521,10,54 973.075 (1) (intro.) The Subject to subs. (1g), (1m), and (1r), the following are
5subject to seizure and forfeiture under ss. 973.075 to 973.077:
SB521,25 6Section 25. 973.075 (1) (b) 1m. (intro.) of the statutes is renumbered 973.075
7(1) (b) (intro.) and amended to read:
SB521,10,98 973.075 (1) (b) (intro.) Except as provided in subd. 2m., all All vehicles, as
9defined in s. 939.22 (44), which are used in any of the following ways:
SB521,26 10Section 26. 973.075 (1) (b) 2m. of the statutes is repealed.
SB521,27 11Section 27. 973.075 (1) (bg) of the statutes is amended to read:
SB521,10,1712 973.075 (1) (bg) Any property used or to be used in the commission of a crime
13under s. 943.74, 943.75 (2) or (2m), or 948.07, but if the property is encumbered by
14a bona fide perfected security interest that was perfected before the date of the
15commission of the current violation and the holder of the security interest neither
16had knowledge of nor consented to the commission of that violation, the holder of the
17security interest shall be paid from the proceeds of the forfeiture
.
SB521,28 18Section 28. 973.075 (1) (bm) of the statutes is amended to read:
SB521,10,2519 973.075 (1) (bm) Any property used in the commission of a crime under s.
20813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) or 940.32, but if the
21property is encumbered by a bonafide perfected security interest that was perfected
22before the date of the commission of the current violation and the holder of the
23security interest neither had knowledge of nor consented to the commission of that
24violation, the holder of the security interest shall be paid from the proceeds of the
25forfeiture
.
SB521,29
1Section 29. 973.075 (1) (d) of the statutes is amended to read:
SB521,11,82 973.075 (1) (d) A tank vessel that violates s. 299.62 (2) that is owned by a person
3who, within 5 years before the commission of the current violation, was previously
4convicted of violating s. 299.62 (2), but if the tank vessel is encumbered by a bona fide
5perfected security interest that was perfected before the date of the commission of
6the current violation and the holder of the security interest neither had knowledge
7of nor consented to the commission of that violation, the holder of the security
8interest shall be paid from the proceeds of the forfeiture
.
SB521,30 9Section 30. 973.075 (1) (e) of the statutes is amended to read:
SB521,11,2010 973.075 (1) (e) Any recording, as defined in s. 943.206 (5), created, advertised,
11offered for sale or rent, sold, rented, transported or possessed in violation of ss.
12943.207 to 943.209 or s. 943.49 and any electronic, mechanical or other device for
13making a recording or for manufacturing, reproducing, packaging or assembling a
14recording that was used to facilitate a violation of ss. 943.207 to 943.209 or s. 943.49,
15regardless of the knowledge or intent of the person from whom the recording or
16device is seized. If a device subject to forfeiture under this paragraph is encumbered
17by a bona fide perfected security interest that was perfected before the date of the
18commission of the current violation and the holder of the security interest neither
19had knowledge of nor consented to the commission of that violation, the holder of the
20security interest shall be paid from the proceeds of the forfeiture.
SB521,31 21Section 31. 973.075 (1g) of the statutes is created to read:
SB521,11,2422 973.075 (1g) No item is subject to forfeiture under ss. 973.075 to 973.077 unless
23a person is convicted of the criminal offense that was the basis for the seizure of the
24item or that is related to the action for forfeiture.
SB521,32 25Section 32. 973.075 (1k) of the statutes is created to read:
SB521,12,4
1973.075 (1k) (a) A person who is charged with a crime or subject to a forfeiture
2proceeding that gave rise to the seizure of property and who claims an ownership
3interest in the seized property may, at any time before the property is subject to
4forfeiture, petition the court to return the property to him or her.
SB521,12,65 (b) In determining whether to return seized property to a person under this
6subsection, the court shall consider all of the following:
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