AB122: Bill Text

AB122,17,8 973.076 (1) (a) Type of action; where brought. In an action brought to cause the forfeiture of any property specified in s. 342.30 (4) (a) or s. 973.075 (1), the court may render a judgment in rem or against a party personally, or both. The circuit court for the county in which the property was seized shall have jurisdiction over any proceedings regarding the property when the action is commenced in state court. Any Subject to s. 973.075 (1r), any property seized may be the subject of a federal forfeiture action.

AB122,42 Section 42. 973.076 (1) (b) 1. of the statutes is amended to read:

AB122,17,21 973.076 (1) (b) 1. The district attorney of the county within which the property was seized or in which the defendant is convicted shall commence the forfeiture action within 30 days after the seizure of the property or the date of conviction, whichever is earlier, except that the defendant may request that and the forfeiture proceedings shall be adjourned until after adjudication the defendant is convicted of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.

AB122,43 Section 43. 973.076 (1) (b) 1m. of the statutes is created to read:

AB122,17,25 973.076 (1) (b) 1m. Upon motion by the prosecuting attorney, the court may waive the conviction requirement under subd. 1. if the prosecuting attorney shows by clear and convincing evidence that any of the following applies:

AB122,18,1 a. The defendant has died.

AB122,18,2 b. The defendant was deported by the U.S. government.

AB122,18,4 c. The defendant has been granted immunity in exchange for testifying or otherwise assisting a law enforcement investigation or prosecution.

AB122,18,6 d. The defendant fled the jurisdiction after being arrested, charged with a crime that includes the forfeiture of property, and released on bail.

AB122,44 Section 44. 973.076 (3) of the statutes is amended to read:

AB122,18,11 973.076 (3) Burden of proof. The state shall have the burden of satisfying or proving by clear and convincing to a reasonable certainty by the greater weight of the credible evidence that the property is subject to forfeiture under s. ss. 973.075 to 973.077.

AB122,45 Section 45. 973.076 (3m) of the statutes is created to read:

AB122,18,16 973.076 (3m) Proportionality. (a) The court may not order the forfeiture of property if the court finds that the forfeiture is grossly disproportional to the crime for which the person whose property was seized was convicted or that the forfeiture is unconstitutionally excessive under the state or federal constitution.

AB122,18,21 (b) A person who is alleging that the forfeiture is grossly disproportional or is unconstitutionally excessive under this subsection shall have the burden of satisfying or convincing to a reasonable certainty by the greater weight of the credible evidence that the forfeiture is grossly disproportional or unconstitutionally excessive.

AB122,18,23 (c) In determining whether the forfeiture is grossly disproportional or unconstitutionally excessive, the court shall consider the following:

AB122,18,25 1. The seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused by the person.

AB122,19,1 2. The extent to which the person participated in the offense.

AB122,19,2 3. The extent to which the property was used in committing the offense.

AB122,19,3 4. The sentence imposed on the person for the offense.

AB122,19,4 5. Whether the person completed or attempted to complete the offense.

AB122,19,5 6. The fair market value of the property.

AB122,19,7 7. The value of the property to the person, including the hardship to the person if the property is forfeited

AB122,19,8 8. The hardship to the person's family members if the property is forfeited.

AB122,19,11 (d) In determining whether the forfeiture is grossly disproportional or unconstitutionally excessive, the court may not consider the value of the property to the state.

AB122,46 Section 46. 973.076 (5) of the statutes is created to read:

AB122,19,15 973.076 (5) Return of property. The court shall order the return of any property subject to forfeiture under ss. 973.075 to 973.077 within 30 days of acquittal or dismissal of charges for the offense which was the basis of the forfeiture action.

AB122,47 Section 47. 973.076 (6) of the statutes is created to read:

AB122,19,21 973.076 (6) Attorney fees. A person who prevails in an action to return property subject to forfeiture under ss. 973.075 to 973.077 shall be awarded reasonable attorney fees by the state. For the purposes of this subsection, a claimant prevails if the person recovers more than 50 percent, by value, of the money or other property that is claimed.

AB122,48 Section 48. Initial applicability.

AB122,19,24 (1) This act first applies to property that is seized on the effective date of this subsection.

AB122,19,25 (End)