Mike McCarville & Reid Mullins
Senator Kyle Loveless today filed the “Personal Asset Protection Act,” a measure that would drastically change Oklahoma’s civil asset forfeiture law, which allows assets to be seized even though the owner is not convicted of a crime.
The bill likely will prompt an interim study to gather facts before facing action next session.
Laws of this kind nationwide have been criticized by the ACLU, the Institute for Justice, the Heritage Foundation, the Cato Institute and others on both sides of the political aisle.
The laws are endorsed by some law enforcement officers and prosecutors as a valuable tool in the war against crime. But there are dozens of “horror” stories about the entrapment of law-abiding citizens and the seizure of their lawful assets, often following routine traffic stops.
Oklahoma County District Attorney David Prater told The McCarville Report he supports present law and there are no abuses of it in his jurisdiction.
Loveless said his bill, SB838, contains these provisions:
“The issue with the current law is that the owner is presumed guilty until they can prove their innocence,” Loveless said. “In America, we are proud of our tradition of innocent until proven guilty. Unfortunately, that’s not the case with civil asset forfeiture. Under current law, the state simply needs to establish a mere suspicion that the property is involved in illegal activity and the owner doesn’t have to be charged with a crime.”
This legislation gives much-needed reforms to the current process including conviction and ‘clear and convincing’ evidence that the property is related to criminal activity.
“What we are doing is requiring the government to prove that there was a crime committed and that the property was used or gained from that crime,” Loveless explained.
Loveless filed the bill with only weeks left in this year’s legislative session.
“I wanted to file the bill as soon as possible to get a jump start on this important issue,” said Loveless. “Many Oklahomans are losing their property without due process and they don’t have the resources or will to fight a system stacked against them.”
Loveless is holding an interim study to take an in-depth look at how civil asset forfeiture works in Oklahoma and how abuse happens. He is seeking input from citizens who have been affected by civil asset forfeiture abuse.
“I’m asking for some help from Oklahomans and members of the media who believe they have been a victim of this simply un-American process,” Loveless said. “This is something that is happening in states across the country, so it would be naïve to believe that it could not happen in Oklahoma. I look forward to hearing from those who have been affected so we can come together to create a solution to this growing problem.”
Loveless can be contacted at 405-521-5618 or by email at loveless@oksenate.gov
Well done.
This bill reaffirms my initial support for him as State Senator. I am very hopeful that it will pass.
We need it passed yesterday.