OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http://www.cga.ct.gov/ofa

sHB-7146

AN ACT REQUIRING A CRIMINAL CONVICTION FOR CERTAIN OFFENSES BEFORE ASSETS SEIZED IN A LAWFUL ARREST OF LAWFUL SEARCH MAY BE FORFEITED IN A CIVIL PROCEEDING.


OFA Fiscal Note

State Impact: Yes, See Below

Municipal Impact: Yes, See Below

Explanation

The bill makes the following changes to asset seizure laws:

● In specified cases involving asset forfeiture, it requires a criminal conviction, eliminating current cases that may result in probation or a diversionary program; and

● Changes the distribution formula for certain types of asset seizure, instead requiring all funds to be transferred to the General Fund.

The bill results in revenue changes show in the table below:

Revenue Changes Due to HB 7146

Based on FY 16 Revenue

Agency

Formula

FY 16 Totals

Revenue Loss Due to Criminal Conviction Requirement1

Change Loss Due to Formula Change

TOTAL

Section 1

Dept. of Emergency Services and Public Protection

70%

7,177

(1,794)

(8,971)

(10,766)

Local Police Departments

9,910

(2,478)

(12,388)

(14,865)

Judicial

20%

4,884

(1,221)

(6,105)

(7,326)

Resources of the General Fund

10%

2,442

(611)

27,464

26,853

TOTAL

 

24,413

(6,103)

-

(6,103)

Section 2

Dept. of Emergency Services and Public Protection

70%

721,154

(180,289)

 

(180,289)

Local Police Departments

781,295

(195,324)

 

(195,324)

Dept. of Mental Health and Addiction Services

20%

443,843

(110,961)

 

(110,961)

Division of Criminal Justice

10%

221,924

(55,481)

 

(55,481)

TOTAL

 

2,168,216

(542,054)

-

(542,054)

1Assumes a 25% decreased in asset forfeiture due to the requirement of a criminal conviction.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the amount of asset forfeitures.