HB 1250: Procedures Related to Civil Asset Forfeiture

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

The act clarifies an existing requirement for the criminal conviction of a property owner by requiring that one or more criminal charges be brought as a prerequisite to any nuisance abatement or forfeiture proceeding.     Existing law provides an exception to the conviction requirement for noninnocent owners who are not subject to criminal charges that no criminal conviction is necessary of the nonowner criminal defendant if the plaintiff proves its case by clear and convincing evidence that the property subject to the forfeiture proceeding is traceable proceeds of the charged offense or related criminal activity. The act clarifies this exception to first require a conviction of the nonowner criminal defendant before the noninnocent owner's property may be forfeited, while retaining other various exceptions that allow forfeiture actions to proceed against the interest of a claimant.     The act establishes a right for indigent civil asset forfeiture defendants to access forfeiture defense counsel and creates a procedure for the appointment of forfeiture defense counsel in nuisance abatement and forfeiture proceedings. The state court administrator shall enter into a contract for services with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding. The private contractor is subject to certain reporting requirements.     The act creates a forfeiture defense counsel fund (fund) to pay for contracted forfeiture defense counsel who are authorized to represent persons against whom a nuisance abatement or forfeiture proceeding has been filed in connection with criminal charges. The fund is capped at $500,000, and starting in state fiscal year 2027-28, no general fund money is allowed to finance the fund. The balance of the fund over $500,000 is credited to the law enforcement community services grant program fund. The act transfers any unexpended and unencumbered money from the law enforcement community services grant program fund to the forfeiture counsel defense fund.     The act alters the disposition of property and proceeds ordered forfeited in a nuisance abatement or forfeiture action. Currently, forfeited property and proceeds are applied first toward restitution and cost recovery for a list of stakeholders, and of the remainder, 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the local behavioral health administrative services organization, and 25% is granted to the law enforcement community services grant program fund. The act amends the disposition of the remainder so that 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the fund, and 25% is granted to the local behavioral health administrative services organization.     The act appropriates $556,750 to the judicial department from the fund for civil asset forfeiture defense contracting and $55,000 to the department of local affairs from the fund for civil asset forfeiture portal administration.(Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 26 · Republican 13

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 4, 2026Governor Signed
2. June 3, 2026Signed by the Speaker of the House
3. June 3, 2026Signed by the President of the Senate
4. June 3, 2026Sent to the Governor
5. May 13, 2026Senate Third Reading Passed - No Amendments
6. May 12, 2026House Third Reading Passed - No Amendments
7. May 12, 2026Introduced In Senate - Assigned to Appropriations
8. May 12, 2026Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
9. May 12, 2026Senate Second Reading Special Order - Passed - No Amendments
10. May 11, 2026House Second Reading Special Order - Passed with Amendments - Committee, Floor
11. May 8, 2026House Committee on Appropriations Refer Amended to House Committee of the Whole
12. May 4, 2026House Committee on Finance Refer Amended to Appropriations

Showing 12 most recent of 14 actions. Full history