2019 -- H 5357

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LC000928

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURES - RETURN OF SEIZED PROPERTY

     Introduced By: Representatives Walsh, Lombardi, Lyle, Hull, and Bennett

     Date Introduced: February 08, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-21 of the General Laws entitled "Recovery of Fines, Penalties,

and Forfeitures" is hereby amended by adding thereto the following section:

     12-21-23.1. Return of seized properties.

     Notwithstanding any other statutory seizure and civil forfeitures procedural requirements,

all seized property or money must be returned no later than ninety (90) days after law

enforcement officials have determined that criminal charges are not warranted involving the

property seized or a final judicial determination is made dismissing the alleged criminal

violation(s) which initially justified the seizure of the property, unless the seized property is

forfeitable controlled substances.

     SECTION 2. This act shall take effect upon passage.

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LC000928

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURES - RETURN OF SEIZED PROPERTY

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     This act would require state and municipal authorities to return forfeited property or

money to its owner when no criminal charges are filed, or where a court has made a finding that

no violation has occurred, within ninety (90) days of its final determination unless the seized

property is forfeitable controlled substances.

     This act would take effect upon passage.

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LC000928

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