Pubdate: Mon, 15 Mar 1999 Source: Kansas City Star (KS) Contact: http://www.kcstar.com/ Author: Karen Dillon MISSOURI DRUG FORFEITURE Laws Likely To Get A Legislative Tweak Instead Of An Overhaul Don't look for any sweeping changes in Missouri drug laws this legislative session. Despite a flurry of bills proposed early in the session when it became clear police weren't following state laws for handling seized drug money, lawmakers now realize the issue is too complex to repair before the session ends in May. Legislators say there are too many unknowns - including how much money is involved. Instead, legislators probably will just tweak current laws this year to assure most of the drug money seized by Missouri law enforcement agencies gets to education, as the laws intend. But by the next session legislators plan to be armed with studies and audits that would allow them to revamp the entire Criminal Activity Forfeiture Act. ``Piecemealing off the top isn't the thing to do if we can look at the whole thing,'' said Sen. Harry Wiggins, a Kansas City Democrat who is head of a Senate subcommittee investigating how state and local police handle drug money. In January, The Kansas City Star reported that police were diverting millions of dollars that under state law should have been turned over to schools. State law requires police to send drug money they seize to a state court, which then usually sends it to public education. The Star found that police often give money they seize to a federal agency - such as the Drug Enforcement Administration - which keeps a percentage, then returns the rest to police. State law prohibits police from making such direct transfers to a federal agency. Among bills introduced in January were several constitutional amendments that would have given half the seized money to police rather than all the money to education. That idea appears to be finished, several legislators said. ``I will say that all of a sudden we've really fizzled,'' said Rep. Jim Kreider, speaker pro tem who also sponsored one of the constitutional amendments. ``I don't even like my 50-50 bill anymore.'' The 50-50 issue is dead, agreed Lance Loewenstein, a member of the Kansas City school board, which has filed a class-action lawsuit asking Missouri law enforcement agencies to repay drug money they have kept since 1986. Loewenstein said he spoke with several legislators this week who think the 50-50 formula could be a re-election nightmare. ``I can see the political ad right now,'' Loewenstein said. ``Sen. Blank voted to take money away from the kids and give it to the cops so they can buy guns to knock down doors in urban neighborhoods. That's powerful stuff.'' Legislators this session want to adjust the current law. One bill that appears ready to pass the Senate would penalize police agencies that do not file required audits of forfeited money with the state auditor's office and the Department of Public Safety. Forfeiture is the legal term for when a judge orders money confiscated. The Kansas City Police Department is the only law enforcement agency in the state that has filed its audits each year, according to the state auditor's office. Lawmakers also are considering a proposal the state attorney general's office gave to Wiggins. That proposal would: Define when a law enforcement officer has seized money or property. Several law enforcement agencies have said when officers find money, they haven't actually seized it in the legal sense. That way, they believe they can give the money to a federal agent without violating state law. The proposal defines a seizure as occurring any time property is ``discovered'' by a law enforcement officer. Make clear that money believed to be abandoned or unclaimed but connected with drugs can be forfeited in state court. Such seizures involve millions of dollars. Legislators also are waiting for an in-depth report from State Auditor Claire McCaskill's office. Auditors have sent surveys to almost all law enforcement agencies in Missouri and have asked police to report how much money and property they have seized in the last three years, how much they have turned over to federal agencies and how much they got back. Once the surveys are compiled, McCaskill said, her office will conduct audits of several departments. McCaskill expects to issue a report early this summer that will include recommendations for new legislation. Wiggins said he can use the extra time. For example, he hopes to meet soon in Washington with Department of Justice officials about their role in forfeitures. Kreider said the slowdown also would allow legislators to find out how much overhauling the laws would affect law enforcement agencies financially. ``If it is some huge amount and we take that all away from law enforcement, we really hurt law enforcement, and we hurt the war on drugs,'' Kreider said. ``On the other hand, the constitution says this money has to go to education, and I believe in that.'' Karen Dillon, projects reporter, call (816) 234-4430 or send e-mail to --- MAP posted-by: Derek Rea