Tennessee SB 1289: Forfeiture of Assets - As introduced, changes from March 1 to February 15 of each year the date by which the department of safety shall report to the speakers of the senate and the house of representatives and the chairs of the appropriate committees a report detailing seizures for the previous calendar year. - Amends TCA Title 40, Chapter 33.

Bill Text

House Judiciary Committee 1
Amendment No. 1 to HB0862

Curcio
Signature of Sponsor

AMEND Senate Bill No. 1289 House Bill No. 862*

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by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Section 40-33-216, is amended by deleting
the section and substituting instead the following:
(a) By February 1 of each year, the department of safety shall report to the
speakers of the senate and the house of representatives, chairs of the judiciary
committees of the senate and the house of representatives, chair of the civil justice
subcommittee of the house of representatives, and chair of the criminal justice
subcommittee of the house of representatives, and to the public on the department's
website, a report detailing, for the previous calendar year:
(1) The total number of seizure cases opened by the department;
(2) The race, gender, age, and zip code of property owner's residence;
(3) The number of seizure cases in which an arrest was made at the time
of seizure;
(4) The number of arrests that occurred after the seizure notice was sent
to the department of safety;
(5) The total number of cases resulting in forfeiture;
(6) The types of property seized under this part and the totals of each
type;
(7) The amount of currency seized;
(8) The amount of currency forfeited;
(9) The total number of cases which resulted in a default by the property
owner;

House Judiciary Committee 1
Amendment No. 1 to HB0862

Curcio
Signature of Sponsor

AMEND Senate Bill No. 1289 House Bill No. 862*

HA0890
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(10) The total amount of currency, including the mean and median
amounts, forfeited as a result of default;
(11) The total value amount of property, including the mean and median
amounts, forfeited as a result of default;
(12)
(A) The total number of cases which resulted in a settlement; and
(B) The mean and median amount of time for cases from the date
opened to the date of settlement;
(13) The total amount of currency, including the mean and median
amounts, forfeited as a result of settlement;
(14) The total value of property, including the mean and median values,
forfeited as a result of settlement;
(15) The total amount of currency, including the mean and median
amounts, returned to the property owner as a result of settlement;
(16) The total value of property, including the mean and median values,
returned to the property owner as a result of settlement;
(17) The total number of cases resulting in a hearing;
(18) The total number of hearings resulting in forfeiture of assets,
including:
(A) The mean and median amounts of time for cases from the
date opened to the date of forfeiture of assets as a result of a disposition
by hearing; and

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(B) The mean and median amounts of time for cases from the
date opened to the date assets were returned to the property owner as a
result of a disposition by hearing;
(19) The total amount of currency, including the mean and median
amounts, forfeited as a result of a disposition by hearing;
(20) The total value of property, including the mean and median values,
forfeited as a result of a disposition by hearing;
(21) The total amount of currency, including the mean and median
amounts, returned to the property owner as a result of a disposition by hearing;
(22) The total value of property, including the mean and median values,
returned to the property owner as a result of a disposition by hearing;
(23) The total number of cases resulting in a criminal conviction of the
property owner of seized currency or property;
(24) The total amount of currency, including the mean and median
amounts, forfeited in criminal conviction of property owner of currency or
property;
(25) The total value of property, including the mean and median values,
forfeited in criminal conviction of property owner of currency or property; and
(26) How proceeds derived from forfeited assets have been used by
each individual law enforcement agency.
(b) The department shall include each category of information for the department
as a whole and separately for each individual law enforcement agency that opened a
forfeiture proceeding with the department in the previous calendar year.
(c) The information reported by the department pursuant to subdivision (a)(25)
and to the department pursuant to § 40-33-211(a)(2) must be made accessible to the
public on the department's website through a prominent link provided on the home page.

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SECTION 2. For the purposes of promulgating rules, policies, forms, and procedures
and making necessary provisions for the implementation of this act, this act shall take effect
upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take
effect October 1, 2020, the public welfare requiring it.