SB521,12,4 973.075 (1k) (a) A person who is charged with a crime or subject to a forfeiture proceeding that gave rise to the seizure of property and who claims an ownership interest in the seized property may, at any time before the property is subject to forfeiture, petition the court to return the property to him or her.

SB521,12,6 (b) In determining whether to return seized property to a person under this subsection, the court shall consider all of the following:

SB521,12,8 1. The seriousness of the alleged offense and its impact on the community, including the duration of the activity and the harm allegedly caused by the person.

SB521,12,9 2. The extent to which the person is alleged to have participated in the offense.

SB521,12,11 3. The extent to which the property was allegedly used in committing the offense.

SB521,12,12 4. The sentence or amount of forfeiture for the offense.

SB521,12,14 5. Whether the person is alleged to have completed or attempted to complete the offense.

SB521,12,15 6. The fair market value of the property.

SB521,12,17 7. The value of the property to the person, including the hardship to the person if the property is not returned.

SB521,12,18 8. The hardship to the person's family members if the property is not returned.

SB521,12,22 (c) If a court orders property returned under this subsection, the court shall order the person not to sell, transfer, assign, or otherwise encumber the property until the court either orders the property returned under sub. (5) or forfeited under s. 973.076.

SB521,12,25 (d) If the person is subsequently convicted of or found to have committed the offense, the court shall order the person to surrender the property for proceedings under s. 973.076.

SB521,33 Section 33. 973.075 (1m) of the statutes is created to read:

SB521,13,6 973.075 (1m) (a) A person who is not the person charged with or convicted of a crime that gave rise to the seizure of the property or the forfeiture proceeding and who claims an ownership interest in seized property has the burden of production to show that he or she has a legal right, title, or interest in the property and that one of the following is true:

SB521,13,8 1. He or she had the ownership interest at the time of the conduct that gave rise to the seizure of the property or the forfeiture proceeding.

SB521,13,10 2. He or she acquired the ownership interest after the time of the conduct that gave rise to the seizure of the property or the forfeiture proceeding.

SB521,13,13 (b) 1. If a person meets the burden under par. (a) 1., the state shall prove by a preponderance of the evidence that the person had actual or constructive knowledge of the conduct that gave rise to the forfeiture.

SB521,13,15 2. If a person meets the burden under par. (a) 2., the state shall prove by a preponderance of the evidence that one of the following is true:

SB521,13,17 a. The person had actual or constructive knowledge that the property was subject to forfeiture when he or she acquired an ownership interest in the property.

SB521,13,18 b. The person was not a bona fide purchaser of the property.

SB521,13,21 (c) If the state does not meet the burden under par. (b) as to any property, the court shall find that the property is the property of an innocent owner and not subject to forfeiture under ss. 973.075 to 973.077.

SB521,34 Section 34. 973.075 (1r) of the statutes is created to read:

SB521,14,2 973.075 (1r) No law enforcement officer or agency or state or local employee or agency may transfer property that may otherwise be seized and forfeited under ss. 973.075 to 973.077 to a federal law enforcement authority or other federal agency unless one of the following applies:

SB521,14,4 (a) The value of the seized property exceeds $50,000, excluding the potential value of the sale of contraband.

SB521,14,5 (b) The seized property may only be forfeited under federal law.

SB521,35 Section 35. 973.075 (4) of the statutes is amended to read:

SB521,14,15 973.075 (4) When property is forfeited under ss. 973.075 to 973.077, the agency seizing the property may sell the property that is not required by law to be destroyed or transferred to another agency. The agency may retain any vehicle for official use or sell the vehicle. The agency seizing the property may deduct 50% of the amount received for administrative expenses of seizure, maintenance of custody, advertising and court costs and the costs of investigation and prosecution reasonably incurred. The remainder shall be deposited in the school fund as the agency shall deposit all proceeds of the forfeiture in the school fund. If the property forfeited under ss. 973.075 to 973.077 is money, all the money shall be deposited in the school fund.

SB521,36 Section 36. 973.075 (5) (intro.) of the statutes is amended to read:

SB521,15,2 973.075 (5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made with due provision for the rights of innocent persons under sub. (1) (b) 2m., (bg), (bm), (d) and (e) subs. (1g), (1k), and (1m). Except as provided in sub. (5m) (5r), any property seized but not forfeited shall be returned to its rightful owner. Any person claiming the right to possession of property seized may apply for its return to the circuit court for the county in which the property was seized. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property returned as soon as practically possible if: