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Tuesday, 10 January 2017 07:30

Texas State Senator Hopes to Abolish Civil Asset Forfeiture

Written by  Kemberlee Kaye

“Sounds pretty compelling, right?”

As the Texas legislature meets for its biennial session, State Senator Konni Burton introduced legislation that would abolish civil asset forfeiture.

Taylor Millard blogs for HotAir:

Texas is looking to become the third state in the last year to abolish civil asset forfeiture, and replace it with criminal asset forfeiture.

State Senator Konni Burton filed a bill last month which requires a felony conviction before law enforcement can gobble up someone’s property. It’s a major step in Texas’ fight for justice reform which has saved the state $3B (while crime rates are at record lows).

Civil asset forfeiture is a bit of a sticky wicket at times, because there are “tough on crime” groups fighting hard against it. The Federalist Society published a pro-asset forfeiture piece by then-federal prosecutor Stefan Cassella in 1997. Cassella called asset forfeiture very important because “federal law enforcement can employ [it] against all manner of criminal and criminals organizations.”

Forfeiture is also used to abate nuisances and to take the instrumentalities of crime out of circulation. For example, if drug dealers are using a “crack house” to sell drugs to children as they pass by on the way to school, the building is a danger to the health and safety of the neighborhood.

Read more at LegalInsurrection

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