Page 1 of 1

"Arkansas Legislature Effectively Votes To Abolish Civil Asset Forfeiture"

Posted: Thu Mar 14, 2019 4:41 pm
by DispositionMatrix
Arkansas Legislature Effectively Votes To Abolish Civil Asset Forfeiture
The Arkansas legislature unanimously passed a significant asset forfeiture reform bill Wednesday. The new law will require police and prosecutors to obtain a criminal conviction in most cases before they can seize someone's property.

The bill, S.B. 308, passed the Arkansas Senate by a unanimous vote last month. On Wednesday, the bill similarly sailed through the Arkansa House by a vote of 93-0. If the bill is signed into law by Gov. Asa Hutchinson, Arkansas will join four three states—North Carolina, New Mexico and Nebraska—that have severely curtailed or abolished asset forfeiture.

The new law would require prosecutors to obtain a criminal conviction to forfeit property. There are a list of exceptions, however, including if the property owner is deceased, deported, flees the jurisdiction or fails to challenge the forfeiture, or if the property is abandoned.

Re: "Arkansas Legislature Effectively Votes To Abolish Civil Asset Forfeiture"

Posted: Thu Mar 14, 2019 4:48 pm
by TrueTexan
I'm sure the local law enforcement will have a loophole to use.

What we had here is a failure to communicate. He's not challenging the seizure your honor, because he abandon the property.

Re: "Arkansas Legislature Effectively Votes To Abolish Civil Asset Forfeiture"

Posted: Fri Mar 15, 2019 5:58 pm
by highdesert
It's better than police and prosecutors just seizing assets without any judicial proceedings. It's a baby step, they should not be able to seize any assets without a judicial determination of guilt. Timbs v. Indiana was a start, states, counties and cities will still fight it.

Re: "Arkansas Legislature Effectively Votes To Abolish Civil Asset Forfeiture"

Posted: Fri Mar 15, 2019 6:06 pm
by senorgrand
:clap: