The Kansas Legislature Unanimously Passed a Civil Asset Forfeiture Reform Bill
The Kansas Legislature unanimously passed a bill overhauling the rules for when police can seize property under a practice known as civil asset forfeiture.
The Kansas House and Senate voted 120-0 and 35-0, respectively, to send S.B. 458 to Democratic Gov. Laura Kelly’s desk earlier this month. Among its provisions, the legislation would make offenses related to possession or personal use of drugs ineligible for civil asset forfeiture, require law enforcement agencies to notify county prosecutors of a request for forfeiture within 14 days, and limit when local police can let federal law enforcement “adopt” their forfeiture cases.
It would also require judges to consider whether a seizure is unconstitutionally excessive, put the burden of proof on prosecutors to show that the seizure was proportional to the offense, and allow some property owners to recoup legal costs when they successfully challenge a seizure.
A broad spectrum of civil liberties groups and think tanks supported the bill, arguing that Kansas’ civil asset forfeiture process was unjustly tilted in the government’s favor and against property owners. More than 30 states have reformed their asset forfeiture laws over the past decade because of complaints like these, but Kansas was not among them.
Under typical civil forfeiture laws, police can seize property when it’s suspected of being connected to criminal activity, such as drug trafficking, even if the owner is never charged with a crime. Law enforcement groups say civil forfeiture is a vital tool for disrupting organized crime by targeting its illicit proceeds.
However, Sam MacRoberts, litigation director of the Kansas Justice Institute, says the reforms “were long overdue and desperately needed.”
“Forfeiture is abusive and unjust,” MacRoberts says. “Raising the burden of proof, limiting federal adoptions, and requiring the government to pay reasonable attorney fees to successful property owners—among other reform
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