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Anti-Crime Measures

House Bill 1839 (Act No. 1334) - Drug Asset Forfeiture Law

Response to accusations that seized assets are being unlawfully kept To hold the property, the seizing agency must apply for a seizure warrant within 72 hours of the actual seizure - the time limit excludes holidays and weekends Owner of the property can challenge the seizure without posting bond Claimant is not required to pay court costs to contest a forfeiture proceeding, except in a final judgement If no probable cause is found, property must be returned in generally the same condition it was taken, including interest earned on monies seized Disbursement percentage remains the same: 60% goes to law enforcement agency which seized the property 20% goes to the local district attorney's office that handled the forfeiture action for the state 20% goes to the local criminal court fund Effective August 15, 1997

Senate Bill 914 (Act No. 1479) - Hate Crimes

Raising penalties for crimes committed against a person or property motivated by hate of: Age Gender Race Religion Sexual orientation National origin Employment Membership in an organization Disability Ancestry Those convicted of hate-motivated misdemeanors will get the following added to their sentence: 6 months jail time $500 fine Those convicted of hate-motivated felonies will get the following added to their sentence: 5 years jail time $5,000 fine Effective July 15, 1997

Senate Bill 330 (Act No. 1487) - Victim's Rights

Gives crime victims the following constitutional protections: Right to be treated with fairness, dignity and respect Right to be informed about the rights of a victim Right to have reasonable notice and to be heard during all critical stages of judicial proceedings Right to be informed of the release or escape of the accused or offender Right to seek restitution from the offender Constitutional amendment Effective upon voter approval in the 1998 Congressional primary election

House Bill 1645 (Act No. 821) - Pardon and Parole Board Letters

Letters regarding inmates written to pardon and parole boards will now be public record Effective August 15, 1997

Senate Bill 1547 (Act No. 1370) - Underage Tobacco Sales

Stiffens penalties for those caught selling tobacco products to minors Retailers have to buy a $25 tobacco retail permit from the newly named Office of Alcohol and Tobacco Control If caught selling tobacco products to minors: First offense: $50 to $500 fine Second offense: $250 to $500 fine Third and subsequent offenses: maximum $2,500 fine If caught twice in 3 years, retailers receive a warning and must buy a $75 dollar permit to continue tobacco sales If caught a third time in 3 years, retailers will lose their license Effective August 15, 1997

House Bill 78 (Act No. 746) - Chemical Castration

First-time convicted molesters of children under 12, and repeat sex offenders, must undergo a counseling-rehabilitation program as a condition of parole Judges may require those in therapy to undergo chemical or surgical castration to reduce their sex drive Weekly shots of a birth-control drug called Depa-Provera would be utilized during the probation period Effective August 15, 1997

House Bill 11 (Act No. 1378) - Shoot the Carjacker

Drivers or passengers can use lethal force against carjackers trying to force their way into vehicles Slaying would be considered justifiable homicide only if the victim is in the vehicle at the time of the attempted carjacking Effective August 15, 1997

House Bill 118 (Act No. 404) - Arson of Religious Buildings

In response to the rash of church burnings across the country Creates the crime of simple arson of a religious building Maximum $15,000 fine Two to 15 year hard labor jail sentence Effective August 15, 1997

 

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