A quick and happy update from New Mexico: Gov. Susana Martinez (R) has signed HB 560, which I detailed here, into law. New Mexico has thus effectively abolished civil asset forfeiture by requiring a criminal conviction before the government can seize property.
House Bill 560 (HB 560) makes numerous changes to the asset forfeiture process used by law enforcement agencies in New Mexico. As an attorney and career prosecutor, I understand how important it is that we ensure safeguards are in place to protect our constitutional rights. On balance, the changes made by this legislation improve the transparency and accountability of the forfeiture process and provide further protections to innocent property owners.
ACLU-NM Executive Director Peter Simonson:
This is a good day for the Bill of Rights. For years police could seize people’s cash, cars, and houses without even accusing anyone of a crime. Today, we have ended this unfair practice in New Mexico and replaced it with a model that is just and constitutional.
Institute for Justice Legislative Counsel Lee McGrath:
New Mexico has shown that ending policing for profit is a true bipartisan issue with broad public support. America is ready to end civil asset forfeiture, a practice which is not in line with our values or constitution. This law shows that we can be tough on crime without stripping property away from innocent Americans.
Emily Kaltenbach of the New Mexico chapter of the Drug Policy Alliance:
New Mexico has succeeded today in reining in one of the worst excesses of the drug war. Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back. This law is an important step towards repairing some of the damage the drug war has inflicted upon our society and system of justice.
Civil asset forfeiture is an inherently abusive practice that provides perverse incentives to law enforcement, encourages “policing for profit, ” and allows the government to take the property of individuals and businesses that are never charged with any wrongdoing. Hopefully the bipartisan spirit of the New Mexico abolition (HB 560 passed the legislature unanimously) will serve as a model for other legislatures around the country who wish to restore our cherished concepts of due process and private property to their proper status.