Monday, May 10, 2010

Oppose HB 135: Civil Forfeiture

This is a potentially dangerous law that can be very easily abused because of lack of oversight. It says "people convicted of ceratin crimes," but the language is so vague, it seems there is a loophole which allows civil procedures without conviction. Also, the taking of property not related to the crime, especially the house, is different than civil forfeiture in direct relation to criminal gains, such as the forfeiture of a car bought with drug money.

http://alisondb.legislature.state.al.us/acas/ACTIONViewFrameMac.asp?TYPE=Instrument&INST=HB135&DOCPATH=searchableinstruments/2010RS/Printfiles/&PHYDOCPATH=//alisondb/acas/searchableinstruments/2010RS/PrintFiles/&DOCNAMES=HB135-int.pdf,HB135-eng.pdf,

4 (1) Property subject to forfeiture may be seized by
5 state, county, or municipal law enforcement agencies upon
6 process issued by any court having jurisdiction over the
7 property upon a showing of probable cause.

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