Curbing civil asset-forfeiture abuse

An encouraging legislative development of recent years can be found in the way policymakers in Congress and across the states continue to pursue criminal-justice reforms in a bipartisan fashion. Of particular interest has been the U.S. House Judiciary Committee’s Criminal justice Reform Initiative. Measures moved through committee under this ambitious and inclusive initiative have included bills to reduce mandatory-minimum sentences for nonviolent offenders; to improve prisoner re-entry programs; including academic and vocational education for incarcerated offenders; and attempts to rein in the national epidemic of “overcriminalization.”

One notable recent reform on the committee’s agenda is an effort to address problems in civil asset forfeiture. Rep. Jim Sensenbrenner, R-Wis., has introduced H.R. 5283, also known as the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016, or more simply, the Due Process Act. Passed through committee by voice vote May 25, the measure proposes a number of fixes that would establish desperately needed safeguards to the civil asset-forfeiture system.

While the bill does not address all of the problems that advocates would like to see ameliorated, it would go a long way toward curtailing abuse. Its passage by the full U.S. House would be a significant step toward reform.

Press Release: Due Process Act Promises Necessary Civil-Asset Forfeiture Reform

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