093_HB1089ham001 LRB093 04120 RLC 11653 a 1 AMENDMENT TO HOUSE BILL 1089 2 AMENDMENT NO. . Amend House Bill 1089 as follows: 3 on page 6, line 16, by inserting "the date of", after "on"; 4 and 5 on page 8, by replacing line 11 with the following: 6 "Sec. 37.5-30. Exemptions from forfeiture. 7 (a) A property"; and 8 on page 8, by inserting between lines 13 and 14 the 9 following: 10 "(5)(A) With respect to a property interest in 11 existence at the time the illegal conduct giving rise to 12 the forfeiture took place, 13 (i) did not know of the conduct giving rise to 14 forfeiture; or 15 (ii) upon learning of the conduct giving rise 16 to the forfeiture, did all that reasonably could be 17 expected under the circumstances to terminate such 18 use of the property. 19 (B)(i) For the purposes of this paragraph (5), 20 ways in which a person may show that he or she did 21 all that reasonably could be expected may include 22 demonstrating that he or she, to the extent -2- LRB093 04120 RLC 11653 a 1 permitted by law: 2 (I) gave timely notice to an appropriate 3 law enforcement agency of information that led 4 the person to know the conduct giving rise to a 5 forfeiture would occur or has occurred; and 6 (II) in a timely fashion revoked or made a 7 good faith attempt to revoke permission for 8 those engaging in such conduct to use the 9 property or took reasonable actions in 10 consultation with a law enforcement agency to 11 discourage or prevent the illegal use of the 12 property. 13 (ii) A person is not required by this 14 subparagraph to take steps that the person 15 reasonably believes would be likely to subject any 16 person (other than the person whose conduct gave 17 rise to the forfeiture) to physical danger. 18 (b) If the court determines, in accordance with this 19 Section, that an innocent owner has a partial interest in 20 property otherwise subject to forfeiture, or a joint tenancy 21 or tenancy by the entirety in that property, the court may 22 enter an appropriate order: 23 (1) severing the property; 24 (2) transferring the property to the State with a 25 provision that the State compensate the innocent owner to 26 the extent of his or her ownership interest once a final 27 order of forfeiture has been entered and the property has 28 been reduced to liquid assets; or 29 (3) permitting the innocent owner to retain the 30 property subject to a lien in favor of the State to the 31 extent of the forfeitable interest in the property. 32 (c) In this Section, the term "owner": 33 (1) means a person with an ownership interest in 34 the specific property sought to be forfeited, including a -3- LRB093 04120 RLC 11653 a 1 leasehold, lien, mortgage, recorded security interest, or 2 valid assignment of an ownership interest; and 3 (2) does not include: 4 (i) a person with only a general unsecured 5 interest in, or claim against, the property or 6 estate of another; 7 (ii) a bailee unless the bailor is identified 8 and the bailee shows a colorable legitimate interest 9 in the property seized; or 10 (iii) a nominee who exercises no dominion or 11 control over the property.".