Saturday, April 23, 2016

Signed By the Governor: New Nebraska Law Takes on “Policing for Profit” Via Asset Forfeiture | Tenth Amendment Center Blog

Signed By the Governor: New Nebraska Law Takes on “Policing for Profit” Via Asset Forfeiture | Tenth Amendment Center Blog: LINCOLN, Neb. (April 20, 2016) – With the stroke of a pen, Nebraska Gov. Pete Ricketts ended civil asset forfeiture by the state, signing a bill that reforms asset forfeiture laws to prohibit the state from taking property without a criminal conviction. The legislation also takes on federal forfeiture programs by banning prosecutors from circumventing state laws by passing cases off to the feds in most situations. Sen. Tommy Garrett (R-Bellevue) introduced Legislature Bill 1106 (LB1106) in January. The new law reforms Nebraska law by requiring a criminal conviction before prosecutors can proceed with asset forfeiture. Under the old statute, the state could seize assets even if a person was never found guilty of a crime, or even arrested. The unicameral legislature passed  LB1106 by a 38-8 vote. With the governor's signature, the law will go into effect three calendar months from the end of the regular session. “Civil forfeiture is one of the most serious assaults on due process and

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