AN ACT RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT -- POWERS OF ENFORCEMENT PERSONNEL -- CIVIL FORFEITURE PROCEDURE (Prohibits civil asset forfeiture regarding violations of the controlled substances laws until a criminal conviction is obtained.)

H7289

2026 -- H 7289
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LC004302
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT --
POWERS OF ENFORCEMENT PERSONNEL -- CIVIL FORFEITURE PROCEDURE

Introduced By:
Representatives Place, Cruz, Potter, J. Lombardi, Newberry, Tanzi, Felix,
J. Brien, Ajello, and Stewart

Date Introduced:
January 23, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 21-28-5.04.2 of the General Laws in Chapter 21-28 entitled "Uniform
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Controlled Substances Act" is hereby amended to read as follows:
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21-28-5.04.2. Civil forfeiture procedure.
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(a)
In addition to or in lieu of

Except for
the criminal forfeiture procedures of this chapter,
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as provided in § 21-28-5.04.1,
any property described in § 21-28-5.04 except as designated in
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subsection (b) of this section,
is

shall not be
subject to civil forfeiture to the state.
Civil forfeiture
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proceedings shall be in the nature of an action in rem and shall be governed by the civil rules for in
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rem proceedings.
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(b) All property described in § 21-28-5.04
is

shall not be
subject to civil forfeiture
but shall
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be subject to criminal forfeiture,
except that:
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(1) No conveyances used by any person as a common carrier in the transaction of business
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as a common carrier shall be forfeited under the provisions of this section unless it appears that the
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owner or other person in charge of the conveyance was a consenting party or privy to the covered
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offense charged
and a criminal conviction has been obtained
;
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(2) No conveyance shall be forfeited under the provisions of this section by reason of any
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act or omission established by the owner of it to have been committed or omitted by any person
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other than the owner while the conveyance was unlawfully in the possession of a person other than
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the owner in violation of the criminal laws of this state or of the United States; and

1
(3) No property shall be forfeited under this section, to the extent of the interest of an
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owner, by reason of any act or omission established by that owner to have been committed or
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omitted without knowledge or consent of that owner
, unless a criminal conviction has been
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obtained
.
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(c)
Property subject to forfeiture under this section may be seized by a law enforcement
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officer:
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(1) Upon process issued pursuant to the Rules of Civil Procedure applicable to in rem
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proceedings;
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(2) Upon process issued pursuant to a legally authorized search warrant; or
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(3) Without court process when:
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(i) The seizure is incident to a lawful arrest or search;
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(ii) The property subject to seizure has been the subject of a prior judgment in favor of the
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state in a controlled substance act;
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(iii) The law enforcement officer has probable cause to believe that the property is directly
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or indirectly dangerous to health or safety; or
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(iv) The law enforcement officer has probable cause to believe that the property is
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forfeitable under § 21-28-5.04.
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(d) In the event of a seizure under § 21-28-5.04 the property shall not be subject to
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sequestration or attachment but is deemed to be in the custody of the law enforcement agency
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making the seizure, subject only to the order of the court. When property is seized under this
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section, pending forfeiture and final disposition, the law enforcement agency making the seizure
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may:
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(1) Place the property under seal;
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(2) Remove the property to a storage area for safekeeping;
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(3) Remove the property to a place designated by the court; or
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(4) Request another agency authorized by law to take custody of the property and remove
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it to an appropriate location within the jurisdiction of the court.
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(e) As soon as practicable after seizure, the seizing agency shall conduct an inventory upon
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and cause the appraisal of the property seized.
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(f) In the event of a seizure under this section, the seizing agency shall within thirty (30)
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days send to the attorney general a written request for forfeiture, which shall include a statement of
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all facts and circumstances including the names of all witnesses then known, the appraised value
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of the property and the statutory provision relied upon for forfeiture.
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(g) The attorney general shall immediately examine the facts and applicable law of the

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cases referred to him or her pursuant to this section, and if it is probable that the property is subject
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to forfeiture shall immediately cause the initiation of administrative or judicial proceedings against
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the property. If, upon inquiry and examination, the attorney general determines that those
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proceedings probably cannot be sustained or that justice does not require the institution of the
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proceedings, he or she shall make a written report of those findings, transmit a copy to the seizing
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agency, and immediately authorize the release of the property.
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(h)
If the value of any personal property seized does not exceed twenty thousand dollars
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($20,000), the attorney general may forfeit the property administratively in the following manner:
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(1) The attorney general shall provide notice of intention to forfeit property
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administratively by publication in a local newspaper of general circulation, one day per week for
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three (3) consecutive weeks.
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(2) In addition, to the extent practicable, the attorney general shall provide notice by
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registered mail of intent to forfeit the property administratively to all known interested parties and
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all parties whose identity is reasonably subject to discovery who may have an interest in the
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property seized.
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(3) Notice by publication and by mail shall include:
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(i) A description of the property;
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(ii) The appraised value of the property;
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(iii) The date and place of seizure;
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(iv) The violation of law alleged against the subject property;
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(v) The instructions for filing claim and cost bond or a petition for remission or mitigation;
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and
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(vi) A notice that the property will be forfeited to the state if a petition for remission or
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mitigation or a claim and cost bond has not been timely filed.
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(4) Persons claiming an interest in the property may file petitions for remission or
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mitigation of forfeiture or a claim and cost bond with the attorney general within thirty (30) days
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of the final notice by publication or receipt of written notice, whichever is earlier.
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(5) The attorney general shall inquire into the facts and circumstances surrounding petitions
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for remission or mitigation of forfeiture.
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(6) The attorney general shall provide the seizing agency and the petitioner a written
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decision on each petition for remission or mitigation within sixty (60) days of receipt of the petition
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unless the circumstances of the case require additional time, in which case the attorney general
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shall notify the petitioner in writing and with specificity within the sixty (60) day period that the
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circumstances of the case require additional time and further notify the petitioner of the expected

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decision date.
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(7) Any person claiming seized property under this subsection may institute de novo
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judicial review of the seizure and proposed forfeiture by timely filing with the attorney general a
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claim and bond to the state in the amount of ten percent (10%) of the appraised value of the property
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or in the penal sum of two hundred fifty dollars ($250), whichever is greater, with sureties to be
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approved by the attorney general, upon condition that in the case of forfeiture the claimant shall
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pay all costs and expenses of the proceedings at the discretion of the court. Upon receipt of the
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claim and bond, or if he or she elects, the attorney general shall file with the court a complaint in
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rem in accordance with the procedures set forth in this section. Any funds received by the attorney
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general as cost bonds shall be placed in an escrow account pending final disposition of the case.
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(8) If no petitions or claims with bonds are timely filed, the attorney general shall prepare
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a written declaration of forfeiture of the subject property to the state and dispose of the property in
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accordance with this chapter.
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(9) If the petition is denied, the attorney general shall prepare a written declaration of
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forfeiture to the state and dispose of the property in accordance with this chapter and the attorney
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general’s regulations, if any, pursuant to this chapter.
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(10) A written declaration of forfeiture signed by the attorney general pursuant to this
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chapter shall be deemed to provide good and sufficient title to the forfeited property.
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(i) If the value of any personal property seized exceeds twenty thousand dollars ($20,000),
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the attorney general shall file a complaint in rem against the property within twenty (20) days of
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the receipt of the report referred to in subsection (f) of this section and after this provide notice of
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intention to forfeit by publication in a local newspaper of general circulation for a period of at least
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once per week for three (3) consecutive weeks. The notice shall include:
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(1) A description of the property;
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(2) The appraised value of the property;
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(3) The date and place of seizure;
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(4) The violation of law alleged against the subject property.
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(j)(1) The case may be tried by a jury, if in the superior court, upon the request of either
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party, otherwise by the court, and the cause of forfeiture alleged being proved, the court which shall
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try the case shall enter upon judgment for the forfeiture and disposition of the property according
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to law.
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(2) An appeal may be claimed by either party from any judgment of forfeiture rendered by
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the district court, to be taken in like manner as by defendants in criminal cases within the
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jurisdiction of the district court to try and determine, to the superior court for the same county in

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which the division of the district court rendering judgment is situated and like proceedings may be
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had therein as in cases of informations for forfeitures originally filed in that court.
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(3) The judgment of the superior court shall be final in all cases of the forfeitures, whether
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originally commenced in that court or brought there by appeal, unless a new trial is ordered, for
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cause shown by the supreme court.
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(k)
The in rem action shall be brought in the district court if the value of the property seized
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is less than two hundred fifty thousand dollars ($250,000), otherwise the in rem action shall be
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brought in the superior court. The attorney general shall also, to the extent practicable, provide
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written notice of the action in rem to all known interested parties and all persons whose identity is
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reasonably subject to discovery who may have an interest in the property.
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(l)
Persons claiming an interest in the property may file claims against the property within
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thirty (30) days of the final notice by publication or receipt of written notice, whichever is earlier.
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The claims shall be filed and adjudicated in the manner set forth for petitions in criminal
14
proceedings in § 21-28-5.04.1(f).
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(m)
If the property sought to be forfeited is real property, the attorney general shall file a
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complaint in rem in the superior court against the property. In addition to providing notice as
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required by this chapter, the attorney general shall file a lis pendens with respect to the property
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with the recorder of deeds in the city or town in which the property is located.
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(n)
Upon order of the court forfeiting the subject property to the state, the state shall have
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clear title to the forfeited property, and the attorney general may transfer good and sufficient title
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to any subsequent purchaser or transferee. Title to the forfeited property shall be deemed to have
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vested in the state upon the commission of the act giving rise to the forfeiture under this chapter.
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(o)
Upon entry of judgment for the claimant in any proceeding to forfeit property under
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this chapter, the property shall immediately be returned to the claimant. If it appears that there was
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reasonable cause for the seizure or the filing of the complaint, the court shall cause a proper
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certificate of that to be entered, and the claimant shall not, in that case, be entitled to costs or
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damages, nor shall the person or agency who made the seizure, nor the attorney general nor the
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prosecutor, be liable to suit or judgment on account of the seizure, suit, or prosecution.
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(p) In any action brought under this section, the state shall have the initial burden of
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showing the existence of probable cause for seizure or arrest of the property. Upon that showing
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by the state, the claimant shall have the burden of showing by a preponderance of evidence that the
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property was not subject to forfeiture under this section.

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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT --
POWERS OF ENFORCEMENT PERSONNEL -- CIVIL FORFEITURE PROCEDURE
***
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This act would prohibit civil asset forfeiture regarding violations of the controlled
2
substances laws until a criminal conviction is obtained.
3
This act would take effect upon passage.
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LC004302
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