093_HB1089ham001

 










                                     LRB093 04120 RLC 11653 a

 1                    AMENDMENT TO HOUSE BILL 1089

 2        AMENDMENT NO.     .  Amend House Bill 1089 as follows:

 3    on page 6, line 16, by inserting "the date of",  after  "on";
 4    and

 5    on page 8, by replacing line 11 with the following:
 6        "Sec. 37.5-30.  Exemptions from forfeiture.
 7        (a)  A property"; and

 8    on  page  8,  by  inserting  between  lines  13  and  14  the
 9    following:
10             "(5)(A)  With  respect  to  a  property  interest in
11        existence at the time the illegal conduct giving rise  to
12        the forfeiture took place,
13                  (i)  did not know of the conduct giving rise to
14             forfeiture; or
15                  (ii) upon learning of the conduct  giving  rise
16             to  the forfeiture, did all that reasonably could be
17             expected under the circumstances to  terminate  such
18             use of the property.
19                  (B)(i)  For the purposes of this paragraph (5),
20             ways in which a person may show that he or  she  did
21             all  that  reasonably  could be expected may include
22             demonstrating  that  he  or  she,  to   the   extent
 
                            -2-      LRB093 04120 RLC 11653 a
 1             permitted by law:
 2                       (I)  gave  timely notice to an appropriate
 3                  law enforcement agency of information that  led
 4                  the person to know the conduct giving rise to a
 5                  forfeiture would occur or has occurred; and
 6                       (II) in a timely fashion revoked or made a
 7                  good  faith  attempt   to revoke permission for
 8                  those engaging  in  such  conduct  to  use  the
 9                  property   or   took   reasonable   actions  in
10                  consultation with a law enforcement  agency  to
11                  discourage  or  prevent  the illegal use of the
12                  property.
13                  (ii)  A  person  is  not   required   by   this
14             subparagraph   to   take   steps   that  the  person
15             reasonably believes would be likely to  subject  any
16             person  (other  than  the  person whose conduct gave
17             rise to the forfeiture) to physical danger.
18        (b)  If the court determines,  in  accordance  with  this
19    Section,  that  an  innocent  owner has a partial interest in
20    property otherwise subject to forfeiture, or a joint  tenancy
21    or  tenancy  by  the entirety in that property, the court may
22    enter an appropriate order:
23             (1) severing the property;
24             (2) transferring the property to the  State  with  a
25        provision that the State compensate the innocent owner to
26        the  extent of his or her ownership interest once a final
27        order of forfeiture has been entered and the property has
28        been reduced to liquid assets; or
29             (3) permitting the  innocent  owner  to  retain  the
30        property  subject  to a lien in favor of the State to the
31        extent of the forfeitable interest in the property.
32        (c)  In this Section, the term "owner":
33             (1)  means a person with an  ownership  interest  in
34        the specific property sought to be forfeited, including a
 
                            -3-      LRB093 04120 RLC 11653 a
 1        leasehold, lien, mortgage, recorded security interest, or
 2        valid assignment of an ownership interest; and
 3             (2)  does not include:
 4                  (i)  a  person  with  only  a general unsecured
 5             interest in,  or  claim  against,  the  property  or
 6             estate of another;
 7                  (ii)  a  bailee unless the bailor is identified
 8             and the bailee shows a colorable legitimate interest
 9             in the property seized; or
10                  (iii)  a nominee who exercises no  dominion  or
11             control over the property.".