Governor signs bill to reform civil asset forfeiture laws

Governor signs bill to reform civil asset forfeiture laws

Governor signs bill to reform civil asset forfeiture laws

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Kansas Governor Laura Kelly has signed a bill that makes changes in state law dealing with asset forfeiture.

Senate Bill 458 reforms the Kansas Standard Asset Seizure and Forfeiture Act.  It makes key changes in the process of Kansans recovering property they have had seized, including permitting courts to award attorney fees to certain claimants who get an order returning their property.   It establishes new guidelines for asset forfeiture, improving due process for property owners, increasing governmental accountability, and not unduly interfering with federal assistance to local law enforcement in asset forfeiture.

The bill also requires additional steps to initiate the civil asset seizure process and requires clear and convincing evidence in order to move forward with seizure. The bill also imposes limitations on requests by state and local law enforcement for federal adoption of seizures, ensuring these requests are made only under specific circumstances related to joint investigations or serious public safety concerns.

For many Kansans who have had property seized, the cost of recovery is often greater than the value of the property.  Governor Kelly said the bill will ensure fairness and accountability in asset forfeiture proceedings, and the reforms will protect the rights of property owners and promote greater transparency in law enforcement practices.

 

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