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SENATE - BILL

SB 458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

Signed by Governor

Bill Progress

Introduced
Committee
Committee Report
Floor Action
Opposite Chamber
Enrolled
Governor

Versions

Bill Supp. Note Fiscal Note
Enrolled

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

As Amended by House Committee on Judiciary

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

As Introduced

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, providing persons involved in forfeiture proceedings the ability to request a jury trial, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

vs. Compare

Amendments, Committee Reports, & Conference Committee Reports

Conference Committee Reports 1
Report CCR Brief
Fri, Apr 5, 2024 And the bill be passed as amended.
Committee Reports 2
Committee Report
Senate Committee on Judiciary Mon, Feb 19, 2024 Be passed.
House Committee on Judiciary Fri, Mar 22, 2024 And the bill be passed as amended.

Legislative History

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Testimony & Minutes

Senate · Committee on Judiciary 27
Hearing Date Minutes Presenter Organization Topic PDF
Feb 13, 2024 View Oletha Faust-Goudeau Kansas State Senator SB458 - proponent
Feb 13, 2024 View Senator Oletha Faust-Goudeau State of Kansas SB458 - proponent
Feb 13, 2024 View Sam MacRoberts, Litigation Director Kansas Justice Institute SB458 - proponent
Feb 13, 2024 View Greg Glod Senior Fellow for Public Safety and Criminal Justice Americans for Prosperity SB458 - proponent
Feb 13, 2024 View Lucrecia Nold, Public Policy Specialist Kansas Catholic Conference SB458 - proponent
Feb 13, 2024 View Tony Mattivi, Director Kansas Bureau of Investigation SB458 - Opponent
Feb 13, 2024 View James Bain Kansas Racing and Gaming Commission SB458
Feb 13, 2024 View Sheriff Jeff Easter, Sedgwick County Kansas Sheriffs Association SB458 - opponent
Feb 13, 2024 View Chief Darrell Atteberry, Bel Aire Police Departmen Kansas Association of Chiefs of Police SB458 - opponent
Feb 13, 2024 View Chief Paul Schiffke Wamego Police Department SB458 - opponent
Feb 13, 2024 View Michael Koss, Overland Park City Attorney SB458 - wo - opponent
Feb 13, 2024 View Daniel Burrows, Chief Deputy Attorney General, Kansas Attorney General Office SB458 - opponent
Feb 13, 2024 View Amanda Stanley, City Attorney City of Topeka SB458 - wo - opponent
Feb 13, 2024 View Currie Myers, Former Sheriff SB458 - proponent - wo
Feb 13, 2024 View Luther Ganieany Kansas Highway Patrol SB458 - opponent
Feb 13, 2024 View Luther Ganieany Kansas Highway Patrol SB458 opponent
Feb 13, 2024 View Luther Ganieany Kansas Highway Patrol SB458 - opponent
Feb 13, 2024 View Jason Thompson, Revisor's Office State of Kansas SB458
Feb 13, 2024 View Natalie Nelson, Research State of Kansas Special Committee on Asset Forfeiture
Feb 13, 2024 View Nathan Eberline, Executive Director League of Kansas Municipalities SB458 - Oppose
Feb 13, 2024 View Nathan Eberline, Executive Director League of Municipalities SB458 oppose w o
Feb 13, 2024 View Tim Anderson / CGS Miidwest The Council of State Governments SB483 - report from KLRD
Feb 13, 2024 View Tim Anderson, CSG CSG SB458 - KLRD report
Feb 13, 2024 View KBI KBI SB458 - KLRD report
Feb 13, 2024 View KBI - 2020 Report KBI SB458 - KLRD report
Feb 13, 2024 View KBI 2021 Report KBI SB458 - KLRD report
Feb 13, 2024 View KBI 2022 report KBI SB458 - KLRD Report
House · Committee on Judiciary 13
Hearing Date Minutes Presenter Organization Topic PDF
Mar 12, 2024 View Greg Glod Americans for Prosperity Proponent
Mar 12, 2024 View Noah Bein Justice Action Network Proponent
Mar 12, 2024 View Sam MacRoberts Kansas Justice Institute Proponent
Mar 12, 2024 View Lucrecia Nold Kansas Catholic Conference Proponent
Mar 12, 2024 View Tony Mattivi Kansas Bureau of Investigation Opponent
Mar 12, 2024 View Col. Erik Smith Kansas Highway Patrol Opponent
Mar 12, 2024 View Greg Smith Johnson County Sheriffs Office Opponent
Mar 12, 2024 View Jeff Easter KS Sherrifs Assoc.; KS Chiefs of Police; KS Assoc. of Peace Officers Opponent
Mar 12, 2024 View Spencer Duncan The League of Kansas Municipalities Opponent
Mar 12, 2024 View Daniel Burrows Kansas Attorney General Opponent
Mar 12, 2024 View Michael Koss City of Overland Park Opponent
Mar 12, 2024 View Amanda Stanley City of Topeka Opponent
Mar 12, 2024 View Natalie Scott Revisor of Statutes SB458 Bill Brief

Identification

Bill No. SB 458
Chamber Senate
Requested By Sen. Kellie Warren

Sections Affected

Amended

Effective Date

This act shall take effect and be in force from and after its publication in the statute book.
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