Plain English Breakdown
The source text uses the phrase 'currency, as specified' but does not define which currencies are included in this bill's scope.
Search Warrants for Stolen Property and Currency
This law allows search warrants to include an order returning stolen or embezzled property, as well as specified currency, to a lawful owner after a hearing proves the items were taken.
What This Bill Does
- Allows search warrants for stolen or embezzled property and specific types of currency to include an order returning those items to their lawful owner identified in the warrant.
- Requires a court hearing before returning the property if someone requests one, to determine that the item was stolen or embezzled.
- Places the burden on the agency that seized the property to prove by a preponderance of the evidence during an independent hearing that it was stolen or embezzled.
- Requires law enforcement agencies to notify prosecutors at least 10 days before returning currency to its owner.
Who It Names or Affects
- Law enforcement and other government agencies that seize property under a search warrant.
- Courts that issue warrants or hold hearings on the return of seized items.
- Prosecuting authorities in jurisdictions where theft or embezzlement cases may be handled.
- People identified as lawful owners of stolen or embezzled property or currency.
Terms To Know
- Search warrant
- A court order that allows police to search a specific place for certain items based on probable cause.
- Preponderance of the evidence
- A standard where it is more likely than not (over 50%) that something happened, used here to prove property was stolen or embezzled.
- Embezzled
- Property or money taken by someone who was legally trusted with it but stole it instead.
Limits and Unknowns
- The bill does not specify exactly which types of currency are covered beyond the phrase 'as specified' in the text.
- The effective date for when this law begins is not listed in the provided source material.
- The summary describes procedures for returning property but does not detail what happens if a hearing determines the item was not stolen.