North Carolina HB 1750: LRC Study/"Seized Property".

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H 1

HOUSE BILL 1750

Short Title: LRC Study/"Seized Property". (Public)

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Sponsors: Representative Buchanan.

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Referred to: Rules, Calendar, and Operations of the House.

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May 25, 2000

A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO 2
STUDY THE LAWS, PROCEDURES, AND ANY OTHER RELEVANT ISSUES 3
REGARDING THE SEIZURE, CUSTODY, ACCOUNTING, PRESERVATION, 4
AND DISBURSEMENT OF FUNDS AND ANY OTHER PROPERTY THAT IS 5
CONFISCATED OR SEIZED AND TO APPROPRIATE FUNDS FOR THAT 6
STUDY. 7
The General Assembly of North Carolina enacts: 8
Section 1. The Legislative Research Commission may study the laws and 9
procedures regarding the seizure, custody, accounting, preservation, and disbursement of 10
funds and other property that is confiscated or seized. In its study the Legislative 11
Research Commission may consider all of the following: 12
(1) The current law, procedures, and practices regarding the identification, 13
accounting, holding and disbursement of seized or confiscated assets 14
and property. 15
(2) The civil liability of counties and municipalities for the wrongful 16
seizure, misapplication, improper accounting, and improper 17
disbursement of seized or confiscated assets, particularly seized 18
automobiles and cash, and the need to clearly define and, where 19
possible, limit the scope of that liability. 20

GENERAL ASSEMBLY OF NORTH CAROLINA 1999
Page 2 HOUSE BILL 1750 version 1
(3) The need to balance the interests of an accused defendant in retaining 1
ownership and recovering possession of seized assets and property if the 2
defendant is absolved of any criminal wrongdoing and balancing the 3
interests of law enforcement and the court system in permanently 4
removing the items from the ownership of individuals who may 5
wrongfully apply them for criminal gain. 6
(4) Any other relevant issues. 7
Section 2. The Legislative Research Commission may make its findings and 8
recommendations in an interim report to the 2001 General Assembly, Regular Session 9
2002, and may make a final report to the 2003 General Assembly. 10
Section 3. There is appropriated from the General Fund to the General 11
Assembly the sum of twenty-five thousand dollars ($25,000) for the 2000-2001 fiscal 12
year to implement this act. 13
Section 4. This act becomes effective July 1, 2000. 14