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H.770

Introduced by   Representative Howard of Rutland City

Referred to Committee on

Date:

Subject:  Health; drugs; forfeiture

Statement of purpose:  This bill proposes to distribute the proceeds from the sale of property forfeited in connection with a drug offense between the state and local law enforcement agencies which participated in the seizure of the forfeited property.

AN ACT RELATING TO FORFEITURE OF PROPERTY SEIZED IN CONNECTION WITH A DRUG OFFENSE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 4247 is amended to read:

§ 4247.  DISPOSITION OF PROPERTY

(a)  Whenever property is forfeited and delivered to the state treasurer under this subchapter, the state treasurer shall no sooner than 90 days of the date the property is delivered, sell the property at a public sale held under chapter 13 of Title 27.

(b)  Using the proceeds from the sale of forfeited property, the treasurer shall reimburse any law enforcement agency which expended funds to maintain such property pursuant to section 4246 of this title.  Remaining monies shall be distributed to the state or local law enforcement agency which participated directly or indirectly in the seizure of the forfeited property in accordance with the provisions of this subchapter.  If more than one state or local law enforcement agency participated directly or indirectly in the seizure of the forfeited property, the treasurer shall, in consultation with the attorney for the state in the case, equitably divide law enforcement’s share of the proceeds between the cooperating agencies, taking into consideration:

(1)  the degree of direct participation of each agency in the law enforcement effort resulting in the forfeiture;

(2)  the value of law enforcement’s share of the proceeds of the forfeited property;

(3)  the total law enforcement effort with respect to the number of hours expended by the agencies or origination of information or indispensable assistance by the agencies leading to the forfeiture when hours devoted do not adequately reflect the degree of law enforcement participation; and

(4)  the manner in which distribution of proceeds may encourage further cooperation between the law enforcement agencies.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us