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Wednesday, June 08, 2016

Maryland Reforms Asset Forfeiture Laws, But Federal Loophole Added

ANNAPOLIS, Md. – Maryland Gov. Larry Hogan has signed a bill into law that significantly reforms asset forfeiture laws. But an amendment approved during the process creates a loophole that could allow law enforcement to work with the feds to skirt the more stringent state law.

Joseph F. Vallario, Jr. (D-Prince George’s County) sponsored House Bill 336 (HB336). Sen. Michael Hough (R-D4) sponsored the companion Senate Bill 161 (SB161). The legislation reforms Maryland law and creates important protections for Marylanders.

According to the Institute for Justice, the new law makes the following changes:
  • Raises the standard of proof to forfeit property to “clear and convincing evidence;”
  • Establishes new reporting requirements for seizures and forfeitures, which oblige agencies to report how they spent forfeiture funds, whether or not criminal charges or convictions accompanied a forfeiture case, and the race and gender of property owners affected by a seizure;
  • Requires a criminal conviction to forfeit an owner’s principal family home;
  • Repeals a provision that allowed money to be forfeited in relation to drug possession. (Forfeiting money related to the unlawful manufacture, distribution or dispensing of controlled substances would still be authorized.);
  • Requires that property owners be given a receipt when their property is seized;
  • Institutes new deadlines for agencies to file forfeiture complaints. (Failing to file would mean the government would have to promptly return seized property);
  • Directs 20 percent of forfeiture proceeds from the general fund to the Department of Health and Mental Hygiene to fund drug treatment and education programs
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4 comments:

  1. Here's your receipt. You're still screwed.

    ReplyDelete
  2. -Requires a criminal conviction to forfeit an owner’s principal family home.

    Would that be a felony conviction or just any conviction?

    ReplyDelete
  3. Raises the standard of proof to forfeit property to........clear and convincing evidence". And, uh, WHO decides what is "clear and convincing"? The same ones who decided before???
    Which means (for the cheering masses) that PREVIOUSLY, the Gestapo just TOOK your cash and property (highway robbery at gunpoint by armed agents of the state). SIX BILLION last year alone!!
    Nothing will change. This is a vague, generalized bow to the hundreds of thousands of people (We, the people) who had their houses, cars, land, and cash taken WITHOUT CHARGES OR TRIAL.
    In America.
    Still wonder why the Second Amendment is so important?
    I'm sure you do.....

    ReplyDelete
  4. It does not matter what you do on the state level because the states that have cracked down on civil asset forfeiture now have the police seizing property on behalf of the Feds, meaning you have to go through them to get it back. The Feds of course give the seizing department a cut of whatever they steal.

    ReplyDelete

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