Civil Asset Forfeiture (H 7396)

If you’re stopped by the police today, you could lose your money or your home – even if you’re never arrested. Currently, police agencies can confiscate the assets 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 sold with the proceeds going to the police. 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 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. The bill did not receive a committee vote.