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This afternoon, Pennsylvania state Rep. Jim Cox (R-Sinking Spring) introduced HB 508, a bill that would offer protections for innocent property owners and restore due process in the Commonwealth. FreedomWorks strongly supports HB 508 and its companion bill in the Senate, SB 869, which was introduced earlier in June.
The California House Public Safety Committee is expected to hold a hearing on July 14 to debate proposed civil asset forfeiture reforms that offer substantive protections for innocent property owners.
Using civil asset forfeiture, the government often seizes the property of completely innocent individuals. However, despite their innocence, these individuals often settle with the government and forfeit a portion of their property to government authorities. Why do they do this?
Jason Pye is the Director of Justice Reform for FreedomWorks. Jorge Marin is the Policy Specialist for Criminal Justice Reform for Americans for Tax Reform.
During a recent a recent discussion with Oklahoma journalists, Gov. Mary Fallin indicated that reforms were necessary to the Sooner State's awful civil asset forfeiture laws. How far she is willing to go remains to be seen.
The presumption of innocence is a fundamental principle of the American legal system. When someone is accused of a crime, the burden is rightfully on the government to prove guilt beyond a reasonable doubt before a punishment is meted out.
Civil asset forfeiture is a unique area of law in which the government charges specific property of being guilty of wrongdoing, rather than a person. Perhaps because the property is accused of wrongdoing, and not the person, governments often place lower standards of proof needed to forfeit the property. The procedures used by the federal government and many state governments creates grave Fourth and Fifth Amendment concerns.
Pennsylvania’s long-awaited, all-encompassing civil asset forfeiture reform bill was introduced in the Senate in bipartisan fashion. Just before the bill was introduced, the Commonwealth's chapter of the American Civil Liberties Union released a shocking study detailing the abuse of civil asset forfeiture by overzealous law enforcement and prosecutors in Philadelphia.
On Thursday, the Michigan House of Representatives passed a bipartisan package of eight bills that would overhaul the state's civil asset forfeiture laws to offer more protections for innocent property owners. The Wolverine State is just the latest to advance reforms that curtail this pernicious brand of government overreach.
Christo Sourovelis was surprised, in May 2014, to find out that his 22-year-old son, Yanni, was selling $40 worth of drugs out of the family's suburban Philadelphia home. His son, who had never been in trouble before, was arrested and sentenced to a diversion program because of his status as a first-time offender. One would think that justice was served, with the young offender learning a valuable lesson and, hopefully, spared from being caught up in the system.