SB521,7,12 961.555 (1) Type of action; where brought. In an action brought to cause the forfeiture of any property seized under s. 961.55, 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. 961.55 (1r), any property seized may be the subject of a federal forfeiture action.

SB521,20 Section 20. 961.555 (2) (a) of the statutes is amended to read:

SB521,7,24 961.555 (2) (a) The district attorney of the county within which the property was seized shall commence the forfeiture action within 30 days after the seizure of the property, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication the defendant was 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.

SB521,21 Section 21. 961.555 (3m) of the statutes is created to read:

SB521,8,4 961.555 (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.

SB521,8,9 (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.

SB521,8,11 (c) In determining whether the forfeiture is grossly disproportional or unconstitutionally excessive, the court shall consider the following:

SB521,8,13 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.

SB521,8,14 2. The extent to which the person participated in the offense.

SB521,8,15 3. The extend to which the property was used in committing the offense.

SB521,8,16 4. The sentence imposed on the person for the offense.

SB521,8,17 5. Whether the person completed or attempted to complete the offense.

SB521,8,18 6. The fair market value of the property.

SB521,8,20 7. The value of the property to the person, including the hardship to the person if the property is forfeited.

SB521,8,21 8. The hardship to the person's family members if the property is forfeited.

SB521,8,24 (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.

SB521,22 Section 22. 961.555 (5) of the statutes is created to read:

SB521,9,6 961.555 (5) Reports. (a) Each law enforcement agency shall prepare an annual report on its seizure and forfeiture activity. A law enforcement agency that seized no property or that did not pursue a forfeiture of property under this section or under federal law shall state that in its report. Each law enforcement agency that seized or pursued forfeiture of any property under this section or under federal law shall include all of the following in its report:

SB521,9,8 1. The total number of seizures of currency and the total amount of currency seized in each seizure.

SB521,9,10 2. The total number of seizures of property and the number and types of items seized in each seizure.

SB521,9,11 3. The market value of each item of property seized.

SB521,9,13 4. The total number of occurrences of each category of crime that resulted in the agency's seizure of property.

SB521,9,15 5. The total amount of money or other property that the law enforcement agency received from its seizure or forfeiture activity.

SB521,9,19 (b) Each law enforcement agency that prepares a report under par. (a) shall make the report available to the public and shall submit the report to the district attorney for the county where the law enforcement agency is located and to the department of justice.

SB521,9,23 (c) The department of justice shall compile the reports submitted by each law enforcement agency and shall annually create an aggregate report of all seizures and forfeitures in the state under this section, s. 973.076, or federal law. The department of justice shall make the report available for public view on its Internet site.

SB521,23 Section 23. 973.075 (title) of the statutes is amended to read:

SB521,10,2 973.075 (title) Forfeiture of property derived from crime and certain vehicles; transfers to federal government.

SB521,24 Section 24. 973.075 (1) (intro.) of the statutes is amended to read:

SB521,10,5 973.075 (1) (intro.) The Subject to subs. (1g), (1m), and (1r), the following are subject to seizure and forfeiture under ss. 973.075 to 973.077: