HOUSE BILL REPORT

                 2SSB 5882

             As Reported By House Committee on:

             Financial Institutions & Insurance

Title:  An act relating to drug assets property forfeiture by criminals.

Brief Description:  Creating a drug asset forfeiture and criminal profiteering unit in the attorney general's office.

Sponsor(s):  Senate Committee on Ways & Means (originally sponsored by Senators Pelz, McCaslin, Johnson, Madsen, Moore and Owen).

Brief History:

  Reported by House Committee on:

Financial Institutions & Insurance, April 5, 1991, DPA.

HOUSE COMMITTEE ON

FINANCIAL INSTITUTIONS & INSURANCE

Majority Report: Do pass as amended.  Signed by 11 members:  Representatives Dellwo, Chair; Zellinsky, Vice Chair; Broback, Ranking Minority Member; Mielke, Assistant Ranking Minority Member; Anderson; Inslee; R. Johnson; R. Meyers; Paris; Schmidt; and Winsley.

Staff:  John Conniff (786-7119).

Background:  Current efforts at drug law and criminal profiteering law enforcement can include seizing assets.  The typical legal vehicles used are the federal laws, the state Criminal Profiteering Act or RICO.  Specialized legal expertise is required to investigate and prosecute these cases, which are expensive and time consuming.  The attorney general currently funds its efforts through a short-term grant.

Summary of Amended Bill:  The attorney general is directed to assist local law enforcement officials with criminal profiteering and drug asset forfeiture cases.  Proceeds received from such cases must be distributed in accordance with the Criminal Profiteering Act and the drug asset forfeiture statute.

Amended Bill Compared to Second Substitute Bill:  Technical amendments are made; the attorney general may not litigate on behalf of local government, and provisions are added for distribution of proceeds of litigation.

Fiscal Note:  Not requested.

Effective Date of Amended Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This measure will improve the filing and successful pursuit of criminal profiteering and drug asset forfeiture cases.

Testimony Against:  None.

Witnesses:  Richard Heath, Assistant Attorney General; and Pat Cooper, Washington Association of Prosecuting Attorneys (Pro).