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§712A-21

Records of seized or forfeited property

Procedure & records · Chapter 712A — Forfeiture

(1) Each seizing agency shall maintain the following records for all property seized for purposes of forfeiture:

     (a)  The authority under which the property was seized or forfeited;

     (b)  The date on which each item of property was seized or forfeited;

     (c)  The department or agency that has possession of the seized or forfeited property;

     (d)  A description of each item of seized or forfeited property; and

     (e)  The estimated value of each item of seized or forfeited property.

     (2)  The seizing agency shall:

     (a)  Maintain all records of seized or forfeited property;

     (b)  Make the records open to inspection; and

     (c)  Post the records on a publicly accessible website. [L 2025, c 288, pt of §2]

Source / Amendment history

[L 2025, c 288, pt of §2]

Cross references, commentary & case notes

COMMENTARY ON §712A-21 Act 288, Session Laws 2025, added this section to establish public recordkeeping requirements for seized or forfeited property. The legislature found that the State's existing property forfeiture process required reform to ensure greater fairness, transparency, and accountability. There was a potential incentive to improperly seize property for forfeiture, as state and county law enforcement agencies were permitted to retain all proceeds from the sale of forfeited property. Accordingly, Act 288 would make the State's civil asset forfeiture process more fair and just. Senate Standing Committee Report No. 1238, House Standing Committee Report No. 618.

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