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. 
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MAP posted-by: Richard Lake