Pubdate: Mon, 16 Feb 2004 Source: Deseret Morning News (Salt Lake City, UT) Copyright: 2004 Deseret News Publishing Corp. Contact: http://www.desnews.com/ Details: http://www.mapinc.org/media/124 Note: The bill is on line at http://www.le.state.ut.us/~2004/bills/sbillint/sb0175.pdf Cited: Accountability Utah http://www.accountabilityutah.org/ Bookmark: http://www.mapinc.org/find?165 (Initiative B (UT)) Bookmark: http://www.mapinc.org/topics/Forfeiture CLEAN UP INITIATIVE B Today, the Senate Judiciary, Law Enforcement and Criminal Justice Committee will resume its deliberations on SB175. Simply stated, SB175 is a clean-up measure. It fixes some of shortcomings of voter-approved Initiative B, the Utah Property Protection Act. Although the measure was pitched as a means to protect private citizens from government overreach in property seizure cases, it has tied the hands of local narcotics officers. SB175, sponsored by Sen. Chris Buttars, R-West Jordan, is a compromise measure that builds upon the protections Initiative B gives citizens whose property is seized in the course of a criminal investigation, and refines the process by which police agencies can receive proceeds from the sale of convicted criminals' property. Credit Buttars and Attorney General Mark Shurtleff for attempting to strike a balance between state and local law-enforcement agencies that believe Initiative B denied them a means to fight crime and people who, for whatever reason, are suspicious of government. Buttars' and Shurtleff's labors on this bill have been met with angry protests by people who oppose any changes to the language set down in Initiative B. A grassroots organization called Accountability Utah has blanketed Buttars' West Jordan district with fliers that call him a "dangerous man." A rally was scheduled over this past weekend to encourage lawmakers to kill the bill. Legislators need to stick with SB175 because it addresses some the serious problems posed by Initiative B. It provides an important fix to the distribution of the proceeds of seized assets after a proper hearing. Before passage of the initiative, forfeiture proceeds went back to police departments to fund equipment, training and other costs. The money now flows through the state treasurer's office for deposit in the Uniform School Fund. However, little money has actually come to the state because local law enforcement has begun partnering with federal law-enforcement and prosecution agencies, rather than handling cases on their own. Federal agencies aren't covered by the law's restraints. It's important to remember that the out-of-state forces that put Initiative B on Utah's ballot are led by people who are vocal in their support for the legalization of drugs. They don't want these criminals punished, and they exploited the natural skepticism many Utahns have about the abuse of government power to pass this initiative in the 2000 election. We opposed Initiative B, but we realize lawmakers aren't likely to rescind it any time soon. SB175 attempts to rectify the shortcomings of that measure and extends further protections to private citizens. Most importantly, it creates a better distribution process for the proceeds of seized and forfeited assets that ensures more resources can be put to use fighting crime. - --- MAP posted-by: Richard Lake