Wednesday, September 20, 2017

Illinois governor signs civil forfeiture reform

Rauner enacts civil asset forfeiture reform | RiverBender.com:

"September 20, 2017 - "Gov. Bruce Rauner today signed HB303, bipartisan legislation aimed at reforming Illinois’ asset forfeiture system. The reforms will increase transparency and shift burdens of proof to protect innocent citizens while maintaining the proper use of asset forfeiture as a tool for law enforcement. Gov. Rauner was joined by Illinois State Police (ISP) officials, ACLU members, legislators, and advocate organizations.

"'Illinois residents should be protected from the unfair seizure of their private property,' Gov. Rauner said. 'This legislation will enact needed reforms to prevent abuse of the civil asset forfeiture process, while maintaining its importance as a critical tool for law enforcement to make our communities safer.'

"When properly applied, asset forfeiture strikes at the economic foundation of criminal activity.... However, if asset forfeiture is misused, it can have major economic ramifications on Illinoisans who may be innocent of any wrongdoing. The forfeiture of cash, a vehicle, or even a home can also affect their family members and exacerbate financial insecurity.

"This important piece of legislation will provide for greater public transparency in Asset Forfeiture proceedings through the collection and publicly accessible reporting of forfeiture data, as well as additional sanction authority for abuse and violations of forfeiture rules by the ISP.

"HB 303 also shifts the burden of proving guilt to the government, and increases the burden of proof to mirror that of the federal government in forfeiture cases from probable cause to a preponderance of the evidence, a fair and equitable standard. It also makes a number of other changes such as eliminating restrictive bonding requirements and adjusting the threshold amounts of money subject to forfeiture as well as the levels of cannabis and controlled substance possession that can lead to forfeiture proceedings as a way to thoughtfully limit the use of this system to its intended purposes."

Read more: https://www.riverbender.com/articles/details/rauner-enacts-civil-asset-forfeiture-reform-23588.cfm
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