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HB 5363

AN ACT RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT-- POWERS OF ENFORCEMENT PERSONNEL -- CIVIL FORFEITURE PROCEDURE

2025 Regular Session Introduced by Cherie Cruz and 3 co-sponsors

HB 5363 tightens civil forfeiture rules by tying most property forfeiture to criminal conviction, adds specific protections for owners, and streamlines administrative and judicial

02/25/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5363

Summary — HB 5363 (2025)

Title: AN ACT RELATING TO FOOD AND DRUGS — UNIFORM CONTROLLED SUBSTANCES ACT — POWERS OF ENFORCEMENT PERSONNEL — CIVIL FORFEITURE PROCEDURE

Purpose / Intent

HB 5363 revises the civil forfeiture procedures in the Uniform Controlled Substances Act (R.I. Gen. Laws §21-28-5.04.2). The bill narrows circumstances in which property may be subject to civil forfeiture, emphasizes criminal forfeiture tied to conviction, and codifies procedures and timelines for seizure, administrative forfeiture (for lower‑value property), and judicial review.

Key provisions

  • Limits civil forfeiture for property described in §21-28-5.04 and makes such property generally subject to criminal forfeiture (i.e., tied to criminal procedures/conviction), with specific exceptions preserved (see below).
  • Exceptions that bar forfeiture absent conviction or owner fault:
    • Common carrier vehicles shall not be forfeited unless the owner/agent was a consenting party/privy to the offense and a criminal conviction has been obtained.
    • A conveyance will not be forfeited for acts committed by a person other than the owner while unlawfully in possession.
    • No property shall be forfeited to the extent of an owner’s interest if the owner establishes the act/omission occurred without the owner’s knowledge or consent — unless a criminal conviction has been obtained.
  • Seizure authority:
    • Property may be seized by law enforcement (a) by civil in rem process, (b) by search warrant, or (c) without court process in limited circumstances: incident to lawful arrest/search; prior judgment in favor of the state; probable cause that the property is dangerous to health/safety; or probable cause property is forfeitable under §21-28-5.04.
  • Custody and handling: seized property is in the custody of the seizing agency (not subject to attachment/sequestration); agency may seal, store, remove or transfer custody as directed by court.
  • Post-seizure procedures:
    • The seizing agency must inventory and appraise the property as soon as practicable.
    • Within 30 days of seizure, the seizing agency must send the Attorney General a written request for forfeiture including facts, witnesses, appraised value, and statutory basis.
    • The Attorney General reviews and either initiates proceedings if probable forfeiture exists or issues a written report and authorizes release if proceedings are unwarranted.
  • Administrative forfeiture for lower‑value items:
    • The AG may forfeit personal property administratively if appraised value ≤ $20,000.
    • Notice: published in a local paper once weekly for 3 consecutive weeks and, where practicable, sent by registered mail to known interested parties.
    • Notices must describe the property, appraised value, seizure date/place, alleged violation, instructions to file a claim/cost bond or petition for remission/mitigation, and warn of automatic forfeiture if no timely filing.
    • Interested parties may file petitions for remission/mitigation or a claim and bond within 30 days of final publication or receipt of written notice.
    • AG must issue written decisions on petitions within 60 days (or notify of needed extension).
    • Persons may seek de novo judicial review by filing a claim and bond equal to 10% of appraised value or $250 (whichever is greater); bonds held in escrow pending final disposition.
    • If no timely claims/petitions, the AG proceeds to forfeit administratively (text truncated in provided version).

Who is affected

  • Private individuals and businesses whose property is seized in controlled‑substance enforcement actions (vehicles, cash, other personal property).
  • Owners of conveyances/common carriers (special protections included).
  • Law enforcement agencies conducting seizures and custody of property.
  • The Rhode Island Attorney General (responsible for review, administrative forfeiture, and initiating proceedings).
  • State courts for in rem proceedings and judicial review.

Procedural/timeline highlights

  • Seizing agency: inventory/appraisal promptly; written forfeiture request to AG within 30 days.
  • AG: initial review and decision to initiate proceedings or release property; administrative petition decisions within 60 days (with notice if extension needed).
  • Administrative notice: publication once weekly for 3 weeks; claim/petition window of 30 days after final publication or mailed notice.
  • Claim bond for judicial review: 10% of appraised value or $250 minimum.

Current status & sponsors

  • Introduced: February 7, 2025 (filed March 14, 2025).
  • Sponsor: Rep. Place (primary); companion bill SB 217.
  • Legislative action: Referred to House Judiciary; committee recommended measure be held for further study (02/25/2025). First read recorded 04/07/2025.

Note: The bill text supplied is partially truncated; some procedural detail (final administrative disposition language) was incomplete in the source.

Compiled from official sources — confirm details with the bill’s official record.

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