Nullify the Federal “Equitable Sharing” Asset Forfeiture Program

Even when states end civil asset forfeiture, a federal program called “equitable sharing” encourages them to participate in a federal version anyway. But the states can opt-out and nullify the federal program into oblivion, where it belongs.

The post Nullify the Federal “Equitable Sharing” Asset Forfeiture Program first appeared on Tenth Amendment Center.

Continue ReadingNullify the Federal “Equitable Sharing” Asset Forfeiture Program

New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program

a New York Senate committee passed a bill that would end civil asset forfeiture in the state and replace it with a criminal process. Passage of the bill would also opt the state out of a program that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds.

The post New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program first appeared on Tenth Amendment Center.

Continue ReadingNew York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program

Texas House Subcommittee Holds Hearing on Bill to End Civil Asset Forfeiture and Opt State Out of Federal Program

The legislation would replace the state’s civil asset forfeiture process with a criminal process requiring a criminal conviction before prosecutors could proceed with asset forfeiture in most cases.

The post Texas House Subcommittee Holds Hearing on Bill to End Civil Asset Forfeiture and Opt State Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingTexas House Subcommittee Holds Hearing on Bill to End Civil Asset Forfeiture and Opt State Out of Federal Program

Nevada Bill Would Require Criminal Conviction Before Asset Forfeiture and Take a Step to Opt Out of Federal Program

SB337 would also take a step toward opting Nevada out of a federal program that allows state and local police to get around more strict state asset forfeiture laws.

The post Nevada Bill Would Require Criminal Conviction Before Asset Forfeiture and Take a Step to Opt Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingNevada Bill Would Require Criminal Conviction Before Asset Forfeiture and Take a Step to Opt Out of Federal Program

Florida Bill Would Require Criminal Conviction Before Asset Forfeiture and Opt State Out of Federal Program

a Florida House subcommittee unanimously passed a bill that would reform the state's asset forfeiture process by requiring a criminal conviction in most cases. The enactment of this legislation would also take a significant step toward opting the state out of a program that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds.

The post Florida Bill Would Require Criminal Conviction Before Asset Forfeiture and Opt State Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingFlorida Bill Would Require Criminal Conviction Before Asset Forfeiture and Opt State Out of Federal Program

Texas Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Program

The legislation would replace the state’s civil asset forfeiture process with a criminal process requiring a criminal conviction before prosecutors could proceed with asset forfeiture in most cases.

The post Texas Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingTexas Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Program

Colorado Committee Holds Hearing on Bill to End Civil Asset Forfeiture and Further Opt State Out of Federal Program

a Colorado House committee held a hearing on a bill that would end civil asset forfeiture in the state and replace it with a criminal process. The enactment of this legislation would also further opt the state out of a program that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds.

The post Colorado Committee Holds Hearing on Bill to End Civil Asset Forfeiture and Further Opt State Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingColorado Committee Holds Hearing on Bill to End Civil Asset Forfeiture and Further Opt State Out of Federal Program

Kansas Bills Would Reform State Asset Forfeiture Process to Require a Conviction but Federal Loophole Would Remain

The legislation would require a criminal conviction before prosecutors could proceed with the asset forfeiture process in most cases. It would also require proof beyond a reasonable doubt that property is subject to forfeiture.

The post Kansas Bills Would Reform State Asset Forfeiture Process to Require a Conviction but Federal Loophole Would Remain first appeared on Tenth Amendment Center.

Continue ReadingKansas Bills Would Reform State Asset Forfeiture Process to Require a Conviction but Federal Loophole Would Remain

Hawaii House Committee Passes Bill to Reform State Asset Forfeiture Process, Opt State Out of Federal Program

The legislation would restrict asset forfeiture to felony cases and would require a criminal conviction before prosecutors could proceed with the process in most cases.

The post Hawaii House Committee Passes Bill to Reform State Asset Forfeiture Process, Opt State Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingHawaii House Committee Passes Bill to Reform State Asset Forfeiture Process, Opt State Out of Federal Program

Texas Bill Would Reform State Asset Forfeiture Process and Take Step to Opt Out of Federal Program

The legislation would make it more difficult for the state to seize assets by raising the burden of proof prosecutors must meet from  “a preponderance of the evidence” to “clear and convincing evidence.” While the state could still seize assets without a conviction, the passage of HB1714 would take a first step toward reforming a Texas asset forfeiture process that the Institute of Justice called “terrible.”

The post Texas Bill Would Reform State Asset Forfeiture Process and Take Step to Opt Out of Federal Program first appeared on Tenth Amendment Center.

Continue ReadingTexas Bill Would Reform State Asset Forfeiture Process and Take Step to Opt Out of Federal Program