New Mexico passes bill ending civil asset forfeiture

Jurist

The New Mexico legislature on Saturday passed a bill [text] that will end civil asset forfeiture in the state. The bill, HB 560, was passed in the senate by a vote of 37-0. Civil asset forfeiture is a police practice in which authorities can take an individual's property without charging that person for a crime. The bill abolishes this practice, and now before police may seize an individual's property they must convict that person of a crime.

The bill abolishes this practice, and now before police may seize an individual's property they must convict that person of a crime and prove that the property being seized was used in the commission of that crime. Additionally, the bill directs any monetary gains from the seizure of property to the state's general fund instead of the police budget. This is thought to remove any incentive police may have to seek out opportunities to seize property. The bill will now move to Republican Governor Susana Martinez's [official website] for a final signature.