Civil asset forfeiture allows law enforcement agencies to take possession of property when the property itself is illegal, was used to facilitate a crime, is proceeds from a crime, or was purchased with proceeds traceable to criminal activity. State law allows for forfeiture in numerous areas but most forfeiture is related to drug crimes.
Rep. Taylor’s (R-Sunnyside) HB 1016 would require a felony conviction prior to forfeiture and limit the property that may be forfeited to property that a court finds is directly involved in or derived from a felony offense. The bill was heard in the House Judiciary Committee on January 11.
AWC believes that asset forfeiture is a necessary law enforcement tool that helps take the profit out of crime. Also, criminal investigations and prosecutions do not always cleanly terminate with a court decision; suspects often abscond or take a plea deal. AWC is continuing to work with lawmakers to find suitable language. Click here to see a list of agencies with proceeds from drug crime-related asset forfeiture related.