Meanwhile, in Austin, legislators prepare to debate a remarkable variety of legislation aimed at limiting or at least documenting civil asset forfeiture by law enforcement.
State Rep. David Simpson recently argued for requiring a criminal conviction to seize assets, while Sen. Juan "Chuy" Hinojosa and Rep. Jeff Leach have both filed legislation to raise the standard the state must meet (from "preponderance of the evidence" to "clear and convincing evidence") for the state to seize assets.
There's a remarkable level of interest in this topic from across the political spectrum. Legislation by Rep. Phil Stephenson would require audits of forfeiture funds to "include a detailed report that itemizes all seizures of proceeds or property under this chapter and that indicates the specific criminal offense on which each seizure was based and, if charges were brought in connection with the offense, the disposition of those charges." Rep. Borris Miles has filed legislation limiting the application of asset forfeiture in certain misdemeanor cases to repeat offenders.
At an event in December sponsored by the Texas Public Policy Foundation, Andrew Kloster of the Heritage Foundation recommended that anyone interested in forfeiture reform should review these three sources:
- A 2013 article from the New Yorker titled, "Taken."
- A multi-part series from the Washington Post titled, "Stop and Seize."
- An hilarious segment on asset forfeiture from John Oliver's HBO show, Last Week Tonight.
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13 comments:
There's a heap of Police State money in this issue, and we know who prevails in Texas and elsewhere.
Hey, please don't pile undeserved abuse on Tarrant County. That beer thing happened in Big D (County).....
You are totally right, 10:31, my bad. For some reason I mentally placed Hutchins in Tarrant. Just a brain fart. Will correct.
One way to stop highway robbery, direct the proceeds go to drug rehab and reimbursement of victims rather than police and prosecutors.
Meanwhile, all the criminals are thinking "Yay, we're gonna get to keep our money!"
Right, 5:04, because criminals are well known for closely following the legislative process.
Why shouldn't a dope dealers car be seized?
Seizing assets was legal in Germany too during Hitler's reign of power. We have moved to an era of the "just us" system in Texas!
I agree. IF, and that's a big IF, we allow such broad reasons to seize property, take it out of the hands of the police and prosecutors and give it to truly deserving causes.
actually the quickest and easiest way to stop this is simple.
pass a law that requires any asset forfeiture to begin with a "CRIMINAL CONVICTION" with evidence during said conviction that shows not only said access and how it was a profit or used in the crime. I.E any asset forfeiture order should only come from the sentencing judge as part of said CRIMINAL CONVICTION.
that would stop this illegal shit in it's tracks.
@rodsmith, you want to give prosecutors a financial incentive to seek convictions? Really?
well 6:30 before the DA can do that he/she has to get that conviction first. in today's illegal injustice system that means a plea bargain which would have to spell it all out. No way to hid the states attempt at stealing his/her property. So most will probably at that point tell the thief to get fucked i'll see you in court. Where hopefully the jury would get off their lazy useless asses and do their real job and control the out of control prosecutor and judges.
another good side effect of that would be the total collapse of the former united states of America's court system which is now only set to take a very very limited cases to a real trial. 95% now end in a plea bargain. even a 10-20% change in that and the system would go boom
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