Civil Asset Forfeiture (H 5631)

Under current law, police agencies can confiscate the money and property of a person suspected of having committed certain offenses, whether or not that person is ever convicted or even charged. Those belongings then become the property of law enforcement, and can be kept or sold with the proceeds going to those agencies. The burden is on the innocent property owner to get the money or property back by proving it was not unlawfully earned. This process, known as civil asset forfeiture, not only undermines the presumption of innocence – where the state has to prove someone has engaged in criminal activity – but also gives police an incentive to care as much about profit as about public safety. In March, the ACLU testified before the House Judiciary committee in support of legislation to limit this practice by requiring an individual to be convicted of an offense before their assets can be relinquished, and ensuring that co-owners of assets are not unfairly punished.