AMENDMENT FOR HOUSE JUDICIARY COMMITTEE ENGROSSED BILL
1088yd

___________________ moved that HB 1088 be amended as follows:


    On page 1, line 8, of the House Judiciary Committee engrossed bill, after "34-20B" insert ", 22-8,".

    On page 2, line 6, after "34-20B-70(4)" delete "or" and insert ",".

    On page 2, line 6, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".

    On page 2, line 12, after "34-20B-70(4)" delete "or" and insert ",".

    On page 2, line 12, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".

    On page 3, line 10, delete "and".

    On page 3, line 11, after "inclusive," insert "and chapter 22-8,".

    On page 4, line 21, after "(7)" insert ",".

    On page 4, line 22, after "section 1" insert "and subdivisions (4), (6), and (7) of section 23".

    On page 5, line 18, after "(7)" insert ",".

    On page 5, line 19, after "(7)" insert ", or subdivisions (2), (3), (5), (6), and (7) of section 23 of this Act,".

    On page 6, line 7, after "section1" insert "or subdivision (4) of section 23".

    On page 6, line 7, after "Act" insert ",".

    On page 6, line 7, after "34-20B-70(4)" insert ",".

    On page 8, line 14, after "If" insert "seized pursuant to a violation of § 22-8-12 or 22-8-13, or if".

    On page 11, between lines 22 and 23, insert:

"    Section 23. That chapter 22-8 be amended by adding a NEW SECTION to read:

    Any person who is convicted of an offense under § 22-8-12 or 22-8-13 shall forfeit to the state, pursuant to this Act, the person's interest in the following and no property right exists in them:

            (1)    Any photograph, film, videotape, book, digital media, or visual depiction that has been manufactured, distributed, purchased, possessed, acquired, or received in violation of § 22-8-12 or 22-8-13;

            (2)    Any material, product, and equipment of any kind that is used or intended for use in

manufacturing, processing, publishing, selling, possessing, or distributing any communication prohibited by § 22-8-12 or 22-8-13;

            (3)    Any property that is used, or intended for use, as a container for property described in subdivisions (1) and (2) of this section, including any computers and digital media;

            (4)    Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal, or that is used, or intended for use, to transport, or in any manner facilitate any activity proscribed under § 22-8-12 or 22-8-13;

            (5)    Any book, record, and research, including microfilm, tape, and data that is used, or intended for use, in violation of § 22-8-12 or 22-8-13;

            (6)    Any funds or other things of value used for the purposes of unlawfully carrying out any activity proscribed by § 22-8-12 or 22-8-13; and

            (7)    Any asset, interest, profit, income, and proceed acquired or derived from the unlawful activity proscribed by § 22-8-12 or 22-8-13.

    Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state. Property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of section 14 of this Act. The property described in subdivision (4) is subject to forfeiture under the terms of section 15 of this Act.".