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An Act to Amend Titles 11 and 16 of the Delaware Code Relating to Civil Asset Forfeiture.

It became law on Aug 29, 2024.

DE HB 280 · House Bill · 152

Stage
Became law
Started in
House
Sponsors
+17
Latest action
Aug 29, 2024

What it does

This Act makes several changes to the civil asset forfeiture proceedings of this state. It repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof on the State to prove all elements of a forfeiture case by a preponderance of the evidence. Under the existing statute, it is the burden of an innocent owner to prove that they did not have knowledge of or consent to the use of their property in an unlawful act. It prohibits the…

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Where it stands

This bill passed and is now law.

  1. Introduced (Done)

  2. Committee (Done)

  3. Floor (Done)

  4. Law (Done)

    Aug 29, 2024

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Who is involved

Sponsors

The lawmakers who put their names on it, lead sponsors first.

In the news

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Where it goes next

It is law in Delaware. What happens now is up to the agency that carries it out, the courts, and the place itself.

Work with this bill

AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CIVIL ASSET FORFEITURE. | 52