Asset forfeiture.

2017
STATE OF WYOMING
17LSO-0430
Introduced
1.2

HOUSE BILL

NO.

HB0206

Asset forfeiture.

Sponsored by:
Representative(s) Lone, Biteman, Clem, Edwards, Gray and Jennings

A BILL

for

AN ACT relating to asset forfeiture; specifying disposition of property and proceeds from forfeited assets; allowing a person to present evidence and cross examine witnesses at a probable cause hearing to determine validity of a seizure of assets; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
7
‑
2
‑
105(c) and (n)
and 35
‑
7
‑
1049
(
b)(iii)(B)(I),
(w), (y)(ii) and (z)
are amended to read:

7
‑
2
‑
105
.

Disposition and appraisal of property seized or held; notice and order to show cause; judgment.

(c)

If the property is lost, mislaid, abandoned or unclaimed or if possession of the property is unlawful, the law enforcement agency shall seek in circuit court or district court an order to show
cause
why the property should not be sold or forfeited and sold at public auction
.

or transferred to the use of the law enforcement agency.
If the lawful owner of the property can reasonably be ascertained, the property shall be delivered to him without judicial action unless the property constitutes evidence of a crime, the possession of the property would be unlawful or ownership and interest are in dispute.

(n)

The balance of the proceeds, if any, shall be deposited
in
into

the

state
general

operating account of the state, county or municipal entity that has fiscal authority over the law enforcement agency confiscating the property

fund
.

35
‑
7
‑
1049
.

Forfeitures and seizures generally; property subject to forfeiture.

(b)

Property subject to forfeiture under this act may be seized by any law enforcement officer of the state upon
process issued by any district court or district court commissioner having jurisdiction over the property. Seizure without process may be made if:

(iii)

The board or commissioner has probable cause to believe that the property was used or is intended to be used in violation of this act. Prior to property being seized by any law enforcement officer of the state pursuant to this paragraph, the following procedures shall be followed:

(B)

If the commissioner determines there is probable cause to seize the property, he shall direct the officer to seize the property. At the time of the seizure, the person or persons from whom the property was seized shall be given written notice that the seized property is subject to forfeiture. The notice shall include an advisement that:

(I)

The
person has the right to attend

the hearing required by subsection (c) of this section
, but

and

shall
not
have the right to present evidence
or
and

cross examine any witness;

(w)

Any law enforcement agency of this state may accept
,

and
receive
, dispose of and expend
the property or proceeds from any property forfeited to the federal government or any state and allocated to the agency by the United States attorney general pursuant to 21 U.S.C. 881(e) or any law of another state. The property
or
shall be disposed of pursuant to subsection (r) of this section and

proceeds shall be
in addition to funds appropriated to the law enforcement agency by the state legislature or any unit of local government. The property or proceeds may be
credited to
any lawfully created fund or account designated to receive proceeds of forfeitures

the
state
general fund
.

(y)

Any law enforcement agency of this state which receives property or proceeds pursuant to subsection (w) of this section shall report to the attorney general on forms to be prescribed by the attorney general:

(ii)

The disposition
or expenditure
of any property
or
and the
deposit in
to the
state
general fund of any

proceeds within ninety (90) days from the disposition or
expenditure

deposit
.

(z)

The attorney general shall submit an annual report to the joint appropriations
interim
committee and the joint judiciary interim committee not later than August

1 concerning recipients and the amount of property and proceeds accepted, received, disposed of or
expended

deposited in
to the
state
general fund

during the prior calendar year under this section by law enforcement agencies, other than property subject to summary forfeiture.

Section 2
.

W.S. 35
‑
7
‑
1049(r
)(
v)
is
repealed.

Section
3
.

T
his
act
appl
ies
to seizures
and forfeitures
of property
and proceeds on and
after Ju
ly

1
,

201
7
.

Section
4
.

This
act is effective July 1, 201
7
.

(END)

1
HB0206