§ 25-21,303.Property used in commission of certain crimes; forfeiture; law enforcement agency or prosecuting attorney; report to Auditor of Public Accounts; contents; report to Legislature.
Article 21: Special Proceedings and Actions · Last amended 2016 · Last verified July 22, 2026
Full Text of § 25-21,303
Source
Laws 2016, LB1106, § 2.
Plain-English Summary
Section 25-21,303 layers a reporting requirement on top of the forfeiture procedure in section 25-21,302. For money, securities, negotiable instruments, firearms, conveyances, or real estate seized under that section, the appropriate law enforcement agency — or, in the limited circumstances the section describes, the prosecuting attorney — must send a written report to the Auditor of Public Accounts. That report has to cover the date and type of property seized, a description including make, model, year, or serial number where applicable, the location and direction of any related traffic stop, the crime charged, how the property was ultimately disposed of and the basis for that disposition, the property’s value, and, for seizures tied to a motor vehicle stop, whether a warning, citation, arrest, or search resulted along with the officer’s observed perception of the suspect’s race or ethnicity — information the suspect is never required to supply.
The same reporting duty covers property that was seized for forfeiture but later returned to its owner, whether because the forfeiture was not pursued or for any other reason. Reports are filed annually in whatever manner the Auditor of Public Accounts prescribes, and the Auditor in turn files an annual electronic report to the Legislature on the nature and extent of these seizures statewide. Multijurisdictional law enforcement entities outside Nebraska must report on their own initiative, and a prosecuting attorney only has to report if notified that the responsible law enforcement agency has failed to do so.
Frequently Asked Questions
Who has to report a forfeiture seizure to the Auditor of Public Accounts?
The appropriate law enforcement agency, or, in the limited situation described in the section, the prosecuting attorney.
What has to be included in the forfeiture report?
The date and type of property seized, a description of it, the location and direction of a related traffic stop if applicable, the crime charged, the disposition of the property and its basis, the property’s value, and, for motor vehicle stops, whether a warning, citation, arrest, or search occurred along with the officer’s perceived race or ethnicity of the suspect.
Is a suspect required to provide race or ethnicity information for this report?
No. The section states that information is based on the reporting officer’s own observation and perception, and the suspect is not required to provide it.
Does property that was seized but then returned to its owner still get reported?
Yes. The law enforcement agency or prosecuting attorney must report all instances where seized property was returned to its owner, whether because forfeiture was not pursued or for any other reason.
How often are these reports filed, and who receives the compiled results?
Reports are filed annually in the manner the Auditor of Public Accounts prescribes, and the Auditor submits its own annual electronic report on the nature and extent of these seizures to the Legislature.
What if the seizure resulted from a multijurisdictional law enforcement operation?
A law enforcement entity outside Nebraska involved in such an operation must report the required information on its own initiative.