This section covers recent legislation and lobbying activities
related to the reform of state forfeiture laws. Since
state forfeiture reform activities are difficult to find, we would
appreciate it if you would be on the lookout for material not covered
here or in need of update, and forward it to Brenda Grantland for
inclusion. If you would be willing to watch your state's
forfeiture-related proposed legislation and report on it for FEAR,
please email us.
Oakland Ordinance For Seizing Cars Is Invalid, FEAR-List Bulletin posted by Leon Felkins, 4/1/98
Good news in Sacramento -- FEAR's strongest ally, State Senator John Burton, who introduced a state forfeiture reform bill based on FEAR's wish list and shepherded it through the state legislature a few years back, is now the new President Pro Tem of the State Senate. When the Orange County Register asked him what would happen if he's elected president pro tem and California AG Dan Lungren, a forfeiture hawk, was elected governor and began pressing for expanded forfeiture powers. The OC Register reported:
"It won't happen on my watch," Sen. Burton said. "So long as we've got Ross [Johnson, senator from Irvine] and Johnny Lewis [senator from Orange] and some of the other Republicans who are a strength on it."From State Senate Maneuvers, Orange County Register, January 12, 1998.
MO’s Asset Forfeiture Reform Bill Closes $32 Million Loophole That Let Police Divert Education Funds
Thursday, May 17, 2001
ST. LOUIS -- A measure to reform Missouri's Civil Asset Forfeiture Act (CAFA) to ensure that police departments deposit seized assets into a public education fund, as required by the Missouri Constitution, will be signed into law today by Governor Bob Holden in Jefferson City. The American Civil Liberties Union, which has criticized asset forfeiture laws as a “license to steal,” called passage of the reform measure “a victory for all Missourians.” "In the end, this law will provide funding for education and protect citizens from having their property taken from them for improper reasons," said ACLU of Eastern Missouri Executive Director Matt LeMieux. “It is astounding that such a law was needed. The fact that seizure had to be defined in the law to make some police departments comply is disgraceful.”
February 6, 2003To receive forfeiture alerts, e-mail ajgaunt@xmission.com.
Innocent Owner Attack Bill Released!
After a delay of many months, Senator John Valentine's attack on your right to own property, SB 31, has been officially released to the public.
http://www.le.state.ut.us/~2003/htmdoc/sbillhtm/SB0031.htm
The released bill retains most of the subversive provisions contained within draft bills that have been exposed by previous alerts. They include:
Attorney General to Assume Powers of a Tyrant!
- Destruction of innocent owner protections and other benefits available to property owners under the Utah Constitution and Utah law. (See lines 480-481, 461-464, 492-499.)
- Removal of protection against disproportional forfeitures. (See lines 429 and 436.)
- Elimination of the probability of legal representation for innocent property owners who are poor. (See lines 744-745.)
- Prevents indigent owners from using their seized property for legal defense. (See lines 342-343.)
An insidious new provision has been added. It provides Attorney General Mark Shurtleff with legislative powers (see lines 546-547). Rather than allow the seizing agency to keep forfeited property as the draft bills authorized, under SB 31 two thirds of the proceeds from confiscated property will be deposited to the "Attorney General Law Enforcement Assistance Fund". From this fund, General Shurtleff will make discretionary appropriations to seizing law enforcement agencies.
A very bad situation has now been made worse. A fundamental principle of Initiative B (forfeiture reform) was that law enforcement agencies shall not retain or benefit from confiscated property (in light of law enforcement funding appropriately being a legislative function and the inherent conflict of interest). To attack this, SB 31 transfers and consolidates enormous legislative power to one person, the Attorney General, allowing this office alone to determine how forfeiture proceeds shall be disbursed to police agencies.
It is precisely this mechanism that has been applied at the federal level to allow the U.S. Attorney General to control state and local police. Utah Attorney General Shurtleff now seeks to use this same mechanism to further diminish citizen control over municipal police and County Sheriffs by incrementally transferring your authority over them to him.
According Black's Law Dictionary, an element of tyranny consists of the "breaking down the division and distribution of governmental powers." Mark Shurtleff intends to acquire the legislative power to appropriate money (breaking down the division of governmental powers), and the ability to exercise control over County Sheriffs and municipal police (breaking down the distribution of governmental powers).
The consequences of Shurtleff's quest to assume powers of a tyrant are threatening. If he is successful, it would allow him to influence or dictate local law enforcement priorities. Should he adopt a gun confiscation agenda (can he be trusted not to do this, since he has already reversed his campaign position as an opponent of civil forfeiture?), wish to place additional emphasis on thought crime legislation, or seek favor for a higher level political opportunity, he would be provided a direct mechanism to accomplish these or other destructive objectives.
Courts to Profit From Forfeitures!
The other one third of forfeited property proceeds would be directed to the Administrative Office of the Courts (see lines 731-734). This is also an insidious provision, comparable to the Attorney General power grab just discussed. By directing forfeiture proceeds to the courts, the courts may develop a vested interest in increasing revenue from property confiscations. Their motivation to do so is significant. Just recently, a Supreme Court Justice desperately appealed to the Legislature for more funding. With SB 31, the courts can increase their funding without the Legislature, at the expense of fairness, impartiality, and justice for innocent property owners.
To this point, the Utah Supreme Court has issued decisions that have protected innocent property owners, and have prevented disproportional confiscations. By allocating forfeiture revenue to the courts, these decisions may be reversed as the motivations of institutional interest and power triumph over justice.
Take Action Now!
If you have not yet contacted your state senator, time to do so will shortly expire. The bill is ready, and it probably will move without warning. The forces in favor of it are organized, powerful, and aggressive. Do not depend upon Arnold Gaunt or anyone else to act on your behalf. SB 31 can be stopped only if YOU become involved and insist that your state senator oppose this execrable legislation.
Utah Senate: http://beta.utahsenate.org/perl/sperl/roster2003.pl
February 2, 2003To protect your right to own property, e-mail ajgaunt@xmission.com
For months, the property forfeiture lobby has been working on their de facto repeal of the substantive innocent owner protections contained in Initiative B. They now have formally titled and numbered their bill. It is SB 31, Property Forfeiture Amendments, by Senator John Valentine.
The content of the bill is still hidden from official, public view. Even though the Law Enforcement and Criminal Justice Interim Committee approved the bill 12-1 on 11/20/02 in a "public hearing", its proponents continue to hide their work. Do they believe the public would be concerned should they discover the details of the legislation?
Fortunately, a scanned copy of an earlier draft of the bill is available for your review.
http://www.xmission.com/~ajgaunt/forfeiture/Bill.pdf
I would encourage you to sign up for updates on SB 31 (e-mailed automatically by the state). You may do this at the following link.
http://www.le.state.ut.us/~2003/htmdoc/sbillhtm/sb0031.htm
Typically this type of legislation moves very quickly and with little or no warning. The process has begun. Be prepared! Contact your state senator and representative before it is too late. Tell them it is wrong to hide the de facto repeal of Initiative B from the public. Tell them to vote NO on SB 31!
Property rights supporters,
The confiscation lobby has redrafted the bill attacking private property protections in Utah law. As with the previous bill, it has not been disclosed on the Legislature's web page. I will be acquiring a copy tomorrow, and will post a link to it once it has been scanned.
In addition, the state auditor has released another letter, detailing the 154 forfeiture cases for which there has been no public accounting. I believe you will find the information is damaging to the confiscators, and reemphasizes the importance of opposing their attack. I will also post this, so check your e-mail on Friday and during the weekend.
In perusing the State Auditor's web page, I found the following audit that was performed on the Davis Metro Narcotics Strike Force. It was exactly the type of problems noted in this audit that led to widespread support for Initiative B. As the attack on forfeiture reform unfolds during the current legislative session, and as the private property confiscation lobby proclaims their respect for your rights, keep in mind the horrific problems that unrestricted forfeiture power causes.
http://www.sao.state.ut.us/reports/00-629.pdfTo receive alerts regarding the forfeiture lobby's and legislature's attack on your right to own property, e-mail me at: ajgaunt@xmission.com
Arnold Gaunt
Senate bill 6271, introduced by Senators Kohl and
Thibaudeau, contains new
forfeiture provisions. ("AN ACT Relating to medical marijuana;
amending
RCW 69.50.204, 69.50.206, 69.50.401, 69.50.505, 69.51.080, and
9A.82.085;
adding new sections to chapter 69.50 RCW; adding a new section to
chapter
18.64 RCW; adding a new section to chapter 28A.300 RCW; creating new
sections;
and prescribing penalties." Read first time 01/14/98.
Referred
to Committee on Health & Long-Term Care.)