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Tuesday, January 27, 2015

Va. House bill targets asset forfeitures that fund police

A bill moving through the General Assembly could eliminate a legal process that brings in millions of dollars for law enforcement agencies, but which critics say allows the government to confiscate property unfairly.

HB1287, sponsored by Del. Mark Cole, R-Spotsylvania, would end civil asset forfeitures - state legal proceedings that allow police to keep property seized from criminal suspects. The process rankles civil liberties advocates because such seizures can occur without a criminal conviction.

The proposal mirrors an order from Attorney General Eric Holder earlier this month that drastically curtails the federal asset-forfeiture process. If Cole's bill passes, the loss of both state and federal sources of asset forfeiture funds could put a significant dent in local law enforcement budgets.

From 2008 to 2013, Virginia law enforcement agencies seized more than $57 million through the state civil asset forfeiture process. Using the state process, police can keep 90 percent of the proceeds. The federal programs allow for 80 percent of proceeds to return to the agency that seized the items.

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