In a move to address the fundamental due process implications of civil asset forfeiture, we supported legislation which would provide stricter judicial oversight to the process and ensure that law enforcement cannot seize and forfeit a person’s belongings in the absence of criminal charges. Under current state law, law enforcement officials can seize and eventually sell the property of any individual if they are just suspected of having committed certain offenses, regardless of whether the individual is ever charged with a crime or convicted. Importantly, this legislation would restore basic elements of due process to the seizure of property.

 

Sponsors

Senator Cynthia Mendes

Status

Held for Further Study

Session

2021

Bill number

Position

Support