Tuesday, March 24, 2015

Kudos to the New Mexico Legislature for Restricting Civil Asset Forfeiture

Good news from out west.  A New Mexico bill, HB 560, to restrict civil asset forfeiture has cleared the legislature - receiving unanimous support in the State House and State Senate - and awaits the signature of Governor Susana Martinez to become law.  Among other things, the New Mexico bill requires a criminal conviction for forfeiture actions, bolsters the “innocent owner” defense by requiring that the owner know that his/her property was being used illegally, requires that all forfeiture proceeds be deposited into the general fund rather than into the seizing agencies, and limits the ability of state and local law enforcement agencies to circumvent state law by utilizing the federal equitable sharing program...more

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