Rep. Brian Greene (R)

 

HB 22 (Civil Asset Forfeiture - Procedural Reforms)

Libertas Institute supports this bill.

Civil asset forfeiture is a legal tool that allows police and prosecutors to steal, under the color of law, a person's property without that person being charged with—let alone being convicted of—a crime. Following two years of successful reform on this issue by Libertas Institute, this bill enacts strong reforms by: requiring a specific, related criminal allegation; limiting the type of property that can be seized; removing a cap for attorney's fees, which disincentivizes owners to fight for their property; requires property to be returned, with interest, if the owner is acquitted of the related criminal allegation; and requires that proceeds from civil forfeiture have to be placed in the education fund.

Throughout the country, states have been either eliminating civil asset forfeiture outright, or enacting stronger protections. The Institute for Justice recently gave Utah a "D-" score due to the high potential of abuse in forfeiture law. This bill takes a large step towards property restraint. Libertas Institute supports this bill.

EMAIL REP. BRIAN GREENE

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