LINCOLN, Nebraska – Today, civil asset forfeiture officially ends in Nebraska as reforms to asset forfeiture laws passed in the spring go into effect. Under the new law, the state can no longer take property without a criminal conviction. The legislation also takes on federal forfeiture programs by banning prosecutors from circumventing state laws by passing cases off to the feds in most situations.
Sen. Tommy Garrett (R-Bellevue) introduced Legislature Bill 1106 (LB1106) in January. The new law reforms Nebraska law by requiring a criminal conviction before prosecutors can proceed with asset forfeiture. Under the old statute, the state could seize assets even if a person was never found guilty of a crime, or even arrested.
The unicameral legislature passed LB1106 by a 38-8 vote.
“Civil forfeiture is one of the most serious assaults on due process and private property rights in America today. By passing LB 1106, lawmakers will ensure that only convicted criminals—and not innocent Nebraskans—lose their property to forfeiture,” Institute for Justice (IJ) Legislative Counsel Lee McGrath said.
Good for Nebraska!!!