Forfeiture changes signed into law

A number of changes to the state’s forfeiture provisions that were proposed by a working group of key stakeholders have become law.

Rep. Tony Cornish (R-Vernon Center), who sponsors the law with Sen. Dave Thompson (R-Lakeville), said The Institute for Justice and associations representing law enforcement, public defenders and county attorneys all agreed to the changes.

Among its provisions, the law, effective Aug. 1, 2012, will:

• require a law enforcement officer to provide a forfeiture receipt when seizing an off-highway vehicle;

• make it mandatory, instead of permissive, for officers to secure seized property and prevent waste;

• prohibit employees of law enforcement agencies or the prosecuting authority and their relatives from purchasing forfeited items seized by the agency;

• amend the conciliation court jurisdiction law to increase the monetary limit to $15,000 of certain claims the court may hear; and

• allow the owner of a seized vehicle — unless it’s being held for investigatory purposes — to regain the vehicle item pending the forfeiture’s outcome by posting a bond or giving security equal to the property value. Law enforcement can currently veto this.

The provision that created the most controversy in committee calls for the striking of Hmong, Somali and Spanish from the list of languages required in printing the forfeiture notification. Instead, the notification must only be printed in English and printing in other languages could be done at an agency’s discretion.

Opponents said the change might not ensure that people’s rights are protected, it will put an extra burden on a non-English speaking property owner, and it could potentially create lawsuits about due process.

In addition to mandate relief, proponents said it does not prohibit a local law enforcement agency from printing the notification in multiple languages, especially languages that reflect the diversity of a geographic area. They also note that agencies would likely do the right thing to protect themselves from potential litigation.

HF1535/ SF1240*/CH128