H-1131.1                  _______________________________________________

                                                      HOUSE BILL 1640

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Johanson, Ballasiotes, Wineberry, Padden, Schmidt, Ludwig, Mastin, Riley, Thibaudeau, Campbell, Long, Forner, H. Myers, Brough, Vance, Jones, Foreman, Fuhrman, Schoesler, Miller, Casada, Jacobsen, Stevens, Rayburn, Kremen, Silver, Quall, Talcott, Tate, Orr, Van Luven and Anderson

Read first time 02/03/93.  Referred to Committee on Judiciary.

Making the property of a convicted person acquired as a result of the crime subject to seizure and forfeiture.

          AN ACT Relating to crime victims; and adding new sections to chapter 7.68 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds compelling state interests in compensating the victims of crime and in preventing criminals from profiting from their crimes.  Sections 2 through 5 of this act are intended to advance both of these interests.

NEW SECTION. Sec. 2.  The following are subject to seizure and forfeiture and no property right exists in them:

          (1) All tangible or intangible property, including any right or interest in such property, acquired by a person convicted of a crime for which there is a victim within the meaning of RCW 7.68.020(3) and to the extent the acquisition is the direct or indirect result of the convicted person having committed the crime.  Such property includes but is not limited to the convicted person's remuneration for, or contract interest in, any reenactment or depiction or account of the crime in a movie, book, magazine, newspaper or other publication, audio recording, radio or television presentation, live entertainment of any kind, or any expression of the convicted person's thoughts, feelings, opinions, or emotions regarding the crime.

          (2) Any property acquired through the traceable proceeds of property described in subsection (1) of this section.

NEW SECTION. Sec. 3.  (1) Any property subject to seizure and forfeiture under section 2 of this act may be seized by the prosecuting attorney of the county in which the convicted person was convicted upon process issued by any superior court having jurisdiction over the property.

          (2) Proceedings for forfeiture are commenced by a seizure.  Within fifteen days following the seizure, the prosecuting attorney under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture to be served upon the owner of the property seized and upon any person in charge of the property and upon any person having any known right or interest in the property.

          (3) If no person notifies the seizing prosecuting attorney in writing of the person's claim of ownership or right to possession of the property within ninety days of the seizure, the item seized shall be deemed forfeited.  Any person who does so notify the seizing prosecuting attorney shall be afforded a reasonable opportunity to be heard as to the claim.  The hearing shall be conducted under Title 34 RCW before the seizing prosecuting attorney or his or her designee unless the person asserting a claim removes the matter to a court of competent jurisdiction.  In a court hearing, the burden of producing evidence is on the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the property.  The burden of proving that the seized property is subject to forfeiture is on the prosecuting attorney.

          (4) A forfeiture action under this section may be brought at any time from the date of conviction until the expiration of the statutory maximum period of incarceration that could have been imposed for the crime involved.

NEW SECTION. Sec. 4.  (1) The proceeds of any forfeiture action brought under section 3 of this act shall be distributed as follows:

          (a) First, to the reasonable legal expenses of bringing the action;

          (b) Second, to the victim or to the plaintiff in a wrongful death action brought as a result of the victim's death, to satisfy any money judgment against the convicted person, or to satisfy any restitution ordered as part of the convicted person's sentence;

          (c) Third, to the crime victims' compensation fund under RCW 7.68.090.

          (2) A court may establish such escrow accounts or other arrangements as it deems necessary and appropriate in order to distribute proceeds in accordance with this section.

NEW SECTION. Sec. 5.  (1) Any action taken by or on behalf of a convicted person including but not limited to executing a power of attorney or creating a corporation for the purpose of defeating the provisions of sections 1 through 4 of this act is null and void as against the public policy of this state.

          (2) Sections 1 through 4 of this act are supplemental and do not limit rights or remedies otherwise available to the victims of crimes and do not limit actions otherwise available against persons convicted of crimes.

NEW SECTION. Sec. 6.  Sections 1 through 5 of this act are each added to chapter 7.68 RCW.

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