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AB122-ASA2,19,1515 d. The defendant fled the jurisdiction.
AB122-ASA2,19,1616 e. The property has been unclaimed for a period of at least 9 months.
AB122-ASA2,19,1817 f. The property is contraband that is subject to forfeiture under s. 961.55 (6),
18(6m), or (7).
AB122-ASA2,54 19Section 54 . 973.076 (2m) (a) of the statutes is amended to read:
AB122-ASA2,19,2320 973.076 (2m) (a) In addition to any penalties under this chapter, the court
21shall, with due provision for the rights of innocent persons in accordance with sub.
22(5)
, order forfeiture of any property specified in s. 973.075 (1) in accordance with pars.
23(b), (c), and (d).
AB122-ASA2,55 24Section 55 . 973.076 (3) of the statutes is amended to read:
AB122-ASA2,20,4
1973.076 (3) Burden of proof. The state shall have the burden of satisfying or
2proving by clear and convincing to a reasonable certainty by the greater weight of the
3credible
evidence that the property is subject to forfeiture under s. ss. 973.075 to
4973.077.
AB122-ASA2,56 5Section 56 . 973.076 (3g) of the statutes is created to read:
AB122-ASA2,20,96 973.076 (3g) Privileges. The defendant or convicted offender may invoke the
7right against self-incrimination or the marital privilege during the
8forfeiture-related stage of the prosecution. The trier of fact at the hearing may draw
9an adverse inference from the invocation of the right or privilege.
AB122-ASA2,57 10Section 57. 973.076 (3m) of the statutes is created to read:
AB122-ASA2,20,1411 973.076 (3m) Proportionality. (a) The court may not order the forfeiture of
12property if the court finds that the forfeiture is grossly disproportional to the crime
13for which the person whose property was seized was convicted or that the forfeiture
14is unconstitutionally excessive under the state or federal constitution.
AB122-ASA2,20,1915 (b) A person who is alleging that the forfeiture is grossly disproportional or is
16unconstitutionally excessive under this subsection shall have the burden of
17satisfying or convincing to a reasonable certainty by the greater weight of the
18credible evidence that the forfeiture is grossly disproportional or unconstitutionally
19excessive.
AB122-ASA2,20,2120 (c) In determining whether the forfeiture is grossly disproportional or
21unconstitutionally excessive, the court shall consider the following:
AB122-ASA2,20,2222 1. The seriousness of the offense.
AB122-ASA2,20,2323 2. The purpose of the statute authorizing the forfeiture.
AB122-ASA2,20,2424 3. The maximum fine for the offense.
AB122-ASA2,20,2525 4. The harm that actually resulted from the defendant's conduct.
AB122-ASA2,21,3
1(d) In determining whether the forfeiture is grossly disproportional or
2unconstitutionally excessive, the court may not consider the value of the property to
3the state.
AB122-ASA2,58 4Section 58 . 973.076 (5) of the statutes is created to read:
AB122-ASA2,21,75 973.076 (5) Innocent owners. (a) Notwithstanding sub. (1) (b) 1., a person who
6claims to have an ownership interest in property subject to forfeiture as an innocent
7owner may petition the court for the return of his or her seized property at any time.
AB122-ASA2,21,128 (b) A person who has an ownership interest in property subject to forfeiture
9that exists at the occurrence of the illegal conduct giving rise to the forfeiture and
10who claims to be an innocent owner has the burden of proving by clear and convincing
11evidence that he or she has a legal right, title, or interest in the property seized under
12this chapter.
AB122-ASA2,21,1613 (c) If the requisite showing under par. (b) has been made, in order to proceed
14with a forfeiture action against the property, the state has the burden of proving by
15clear and convincing evidence that the person had actual or constructive knowledge
16of the underlying crime giving rise to the forfeiture.
AB122-ASA2,21,2117 (d) A person who has an ownership interest in property subject to forfeiture
18that he or she acquired after the occurrence of the conduct giving rise to the forfeiture
19and who claims to be an innocent owner has the burden of proving by clear and
20convincing evidence that he or she has a legal right, title, or interest in the property
21seized under this chapter.
AB122-ASA2,22,222 (e) If the requisite showing under par. (d) has been made, in order to proceed
23with a forfeiture action against the property, the state has the burden of proving by
24clear and convincing evidence that the person had actual or constructive knowledge

1that the property was subject to forfeiture or that the person was not a bona fide
2purchaser without notice of any defect in title and for valuable consideration.
AB122-ASA2,22,63 (f) If the state does not meet the burden under par. (c) or (e) as to any property,
4the court shall find that the property is the property of an innocent owner and not
5subject to forfeiture under this chapter and shall order the state to relinquish all
6claims of title to the property.
AB122-ASA2,59 7Section 59 . 973.076 (6) of the statutes is created to read:
AB122-ASA2,22,168 973.076 (6) Return of property. The court shall order the return of any
9property subject to forfeiture under ss. 973.075 to 973.077 within 30 days of acquittal
10or dismissal of charges for the offense which was the basis of the forfeiture action,
11or 6 months after a seizure which was the basis of the forfeiture action if no charges
12have been issued and no extension has been granted. If the property is co-owned by
132 or more defendants in a criminal action, and one or more defendant co-owners are
14acquitted or the charges against him or her are dismissed, the judge shall have
15discretion to the dispose of the co-owned property in accordance with the
16proportionality guidelines in sub. (3m) as he or she deems appropriate.
AB122-ASA2,60 17Section 60 . 973.076 (7) of the statutes is created to read:
AB122-ASA2,22,2218 973.076 (7) Attorney fees. A person who prevails in an action to return
19property subject to forfeiture under ss. 973.075 to 973.077 shall be awarded
20reasonable attorney fees by the state. For the purposes of this subsection, a claimant
21prevails if the person recovers more than 50 percent, by value, of the money or other
22property that is claimed.
AB122-ASA2,61 23Section 61. Initial applicability.
AB122-ASA2,23,2
1(1) This act first applies to property that is seized on the effective date of this
2subsection.
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