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 Bills Would Reform State Asset Forfeiture Process, Opt State Out of Federal Program first appeared on Tenth Amendment Center.
The proposed law would prohibit Missouri law enforcement agencies or prosecutors from entering into agreements to transfer seized property to a federal agency by way of adoption for the purpose of the property’s forfeiture under federal law.
The post Missouri Bill Would Partially Opt State Out of Federal Asset Forfeiture Program first appeared on Tenth Amendment Center.
New Hampshire law establishes a specific asset forfeiture process for drug offenses. This legislation would reform that process to require prosecutors to get a conviction in most cases before proceeding with forfeiture.
The post New Hampshire Bill Would Reform Civil Asset Forfeiture Process and Take Steps to Opt Out of Federal Program first appeared on Tenth Amendment Center.
The legislation would replace the state’s civil asset forfeiture process with a criminal process. Under the new process, forfeiture could only occur if prosecutors secure a conviction for a crime that authorizes the forfeiture of property.
The post West Virginia Bill Would End Civil Asset Forfeiture, Opt State Out of Federal Program first appeared on Tenth Amendment Center.
The legislation would replace the state’s civil asset forfeiture process with a criminal process - and opt out of much of the federal program as well.
The post New York Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program first appeared on Tenth Amendment Center.
A bill in the Oklahoma House would require a conviction before asset forfeiture, but the legislation leaves a loophole open that would allow police to continue using asset forfeiture by partnering with the feds.
The post Oklahoma Bill Would Reform State Asset Forfeiture Laws but Federal Loophole Would Remain first appeared on Tenth Amendment Center.
While the passage of this legislation would significantly reform the Texas asset forfeiture process, it fails to address a loophole that allows state and local police to get around more strict state civil asset forfeiture laws in a vast majority of situations.
The post Texas Bill Would Reform State Asset Forfeiture Laws But Federal Loophole Would Remain first appeared on Tenth Amendment Center.
Under current South Carolina forfeiture procedures, the state can take a person’s property without even charging them with a crime. The Institute for Justice gave South Carolina a D- grade for its current forfeiture laws, saying, “South Carolina’s civil forfeiture laws offer very little protection for property owners.”
The post South Carolina Bills Would End Civil Asset Forfeiture, Opt State Out of Federal Program in Most Cases first appeared on Tenth Amendment Center.
Equitable sharing is a federal program that incentivizes state and local police to bypass state-level restrictions on asset forfeiture. Both the Department of Justice and the Department of Treasury operate the program. Under the equitable sharing, local police seize assets they suspect were involved in criminal activity, sometimes without even making an arrest. Through a process […]
Asset forfeiture is the process by which government confiscates a person’s property, generally after asserting it was involved in, or the proceeds from, a crime. Police often seize certain property as part of the investigative process. In many states, they don’t even have to make an arrest. They take any assets they suspect were used […]