Pubdate: Sun, 29 Mar 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Hal Stratton
Note: Former N.M. Attorney General
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

MEASURE WILL STOP 'POLICING FOR PROFIT'

HB 560 Targets Abuse but Is Still Tough on Crime and Takes the 
Profits Out of Serious Crime

For those New Mexicans who believe in bipartisan government, reaching 
across the aisle and the political spectrum - there is good news. The 
New Mexico Legislature unanimously passed HB 560, without a single 
dissenting vote in either house.

HB 560 revises the procedure involved in the forfeiting of citizens' 
assets by government agencies, a practice referred to as "asset forfeiture."

Every year, federal and state law enforcement agents seize billions 
of dollars during traffic stops, simply by alleging the money is 
connected to some illegal activity. Under federal and New Mexico's 
laws, these agencies are entitled to keep most - and sometimes all - 
of the money and property, even if the property owner is never 
convicted and, in some cases, never charged with a crime.

This practice is so pervasive that the Institute for Justice deems it 
"policing for profit." This refers to the fact that some law 
enforcement agencies pursue assets based on their value to their 
departments' budgets as opposed to the property owners' wrongful conduct.

Why would law enforcement agencies, whose mission is to protect 
citizens and their property, engage in forfeiture? That question was 
candidly answered last November by the city attorney from Las Cruces 
who said that forfeiture could be a "gold mine" for city law 
enforcement agencies.

"We could be czars. We could own the city. We could be in the real 
estate business," he stated, further noting that the Las Cruces law 
enforcement agency collected about $1 million from residents through 
forfeiture since 2006.

And these funds that are forfeited go directly into the law 
enforcement agencies coffers outside of the appropriations process 
and legislative oversight.

HB 560 will eliminate the potential for this practice in New Mexico. 
But don't be fooled; this bill is still tough on crime and will take 
the profits out of serious crime. The significant criminal forfeiture 
reforms provided by HB 560 give our prosecutors new and improved 
tools and procedures to combat drug trafficking and racketeering.

The new law also tracks many federal criminal law rules and 
terminology, making it easier to interact with federal authorities in 
interstate and international cases.

HB 560 also ensures that the constitutional rights of innocent 
citizens - spouses, lien holders, banks and other innocent parties - 
are now safeguarded.

This law will not affect or impair the ability of our Department of 
Public Safety or other law enforcement agencies to seize property, 
contraband or abandoned property. But, it does provide that before 
such property is forfeited, that the owner must be convicted of a 
crime or enter into a plea agreement admitting to a crime and the 
forfeited property was somehow involved in the commission of that crime.

Taxpayers also will like HB 560 because it includes proper 
legislative oversight and accountability. All proceeds from future 
forfeitures will be deposited in the state Treasury subject to 
legislative appropriation and oversight, rather than being retained 
by individual police agencies.

This eliminates law enforcement's incentive to pursue primarily 
assets as opposed to criminals. By limiting asset forfeiture to 
situations where a person has been convicted of a crime, the 
provisions of HB 560 will ensure that there can never be any hint of 
self-interest or impropriety.

When first instituted, asset forfeiture seemed like a good idea. Why 
should those committing crimes be allowed to keep the conveyances 
that enabled them to commit those crimes? As a young New Mexico 
legislator in the early 1980s, I was involved in legislation enabling 
government agencies to use forfeiture.

And, those old enough will remember my campaign theme when running 
for the office of attorney general - "Stratton vs. Crime." I still am 
against crime and a strong advocate for law enforcement.

But there is no bigger miscarriage of justice than when those who are 
charged to protect us abuse that duty and cause harm to innocent and 
sometimes helpless citizens.

It is time the potential for this abuse is stopped in New Mexico. I 
am proud to support HB 560.
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MAP posted-by: Jay Bergstrom