Posted: | February 10, 2023 10:37 AM |
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From: | Representative Napoleon J. Nelson |
To: | All House members |
Subject: | Civil Asset Forfeiture |
Civil asset forfeiture is a practice that permits law enforcement to seize property and take possession of it based on the belief that the property may have been involved in a crime. This practice has led to unjust consequences as property is seized without a criminal conviction. Often for those whose property has been seized, it is a costly and arduous process to regain seized property. For this reason, I will be introducing legislation that would require a criminal conviction for asset forfeiture. The assets subject to forfeiture would be required to be valued at 120 percent of the fines and penalties that would be assessed for the crime committed. Additionally, the legislation would require that proceeds from asset forfeiture are placed in a fund established by the Pennsylvania Commission on Crime and Delinquency for the improvement of the community in which the crimes were committed. It is essential that we remedy the flaws in our current civil asset forfeiture laws in order to provide owners of seized property a better opportunity to protect and maintain their property, while also removing improper financial incentives to seize such property. Please join me in ensuring that Pennsylvanians’ property is not unjustly taken from them. |