SECOND REGULAR SESSION

HOUSE BILL NO. 1672

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES FUHR (Sponsor), CONWAY (14), SCHAD, HINSON, PHILLIPS, HIGDON, BROWN (85), HAEFNER, JONES (89), BAHR, KELLY (24), COLONA, RIDDLE, BARNES, McGEOGHEGAN, ELLINGER AND MEADOWS (Co-sponsors).

 5681L.01I                                                                                                                                              D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 513.653, RSMo, and to enact in lieu thereof one new section relating to audit of federal seizure proceeds, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 513.653, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 513.653, to read as follows:

            513.653. 1. Law enforcement agencies involved in using the federal forfeiture system under federal law shall [be required at the end of their respective fiscal year to acquire an independent audit of the federal seizures and the proceeds received therefrom and provide this audit to their respective governing body and to the department of public safety. A copy of such audit shall be provided to the state auditor's office. This audit shall be paid for out of the proceeds of such federal forfeitures] file a report regarding federal seizures and the proceeds therefrom. Such report shall be filed annually by January thirty-first for the previous calendar year with the department of public safety and the state auditor's office. The report for the calendar year shall include the type and value of items seized and turned over to the federal forfeiture system, the beginning balance as of January first of federal forfeiture funds or assets previously received and not expended or used, the proceeds received from the federal government (the equitable sharing amount), the expenditures resulting from the proceeds received, and the ending balance as of December thirty-first of federal forfeiture funds or assets on hand. The department of public safety shall not issue funds to any law enforcement agency that fails to comply with the provisions of this section.

            2. Intentional or knowing failure to comply with the [audit] reporting requirement contained in this section shall be a class A misdemeanor, punishable by a fine of up to one thousand dollars.