The bill replaces existing statutes on public abatement and instead
enacts provisions concerning criminal forfeiture. The bill:
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Limits forfeiture so it can occur only when a defendant is convicted of a crime of unlawful distribution, manufacturing, dispensing, or selling a controlled substance;
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Specifies that a forfeiture proceeding is not a separate civil proceeding but part of a defendant's criminal proceeding; •
Specifies when personal property may be seized with or without process;
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Establishes duties and procedures when property is seized;
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Establishes court procedures for various parties;
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Allows for the disposition of seized assets and proceeds consistent with prior law; and
•
Establishes limitations on seizures involving the federal government.
