An Act To Amend Titles 11 And 16 Relating To Civil Asset Forfeiture.
Additionally, the bill shifts the burden of proof onto the state, which must now demonstrate by clear and convincing evidence that a non-defendant owner knew about or consented to the unlawful activities that led to the property seizure. It also alters the presumption regarding cash found near illegal substances, stating that such cash must not be presumed to be drug proceeds unless corroborated by other evidence. This change aims to better protect property owners from unjust seizure.
House Bill 115 aims to amend Titles 11 and 16 of the Delaware Code concerning civil asset forfeiture. One of the key changes introduced by this bill is the requirement of a criminal conviction before any seizure of property can take place under forfeiture laws. This means that property can only be considered for forfeiture after a guilty plea, verdict, or successful completion of a diversion program by the involved parties. This amendment addresses concerns about the previous practice of seizing property without sufficient legal backing.
The sentiment around HB 115 reflects a growing concern about civil liberties and accountability in law enforcement practices. While some legislators advocate for these reforms as necessary checks on state power, arguments persist regarding the potential implications for law enforcement capabilities. Supporters argue that it will ensure fair treatment of individuals and families, while opponents may raise concerns about potentially hindering law enforcement's ability to combat drug-related offenses effectively.
Notable points of contention include the thresholds for what constitutes property subject to forfeiture and the emphasis on a proportionality analysis before a forfeiture is ordered. Under the new provisions, the courts would also conduct hearings prior to any forfeiture, providing a structured avenue for disputes, thereby increasing transparency. Moreover, the bill directs that forfeiture proceeds be allocated to the General Fund rather than law enforcement agencies directly, aiming to eliminate perceived conflicts of interest regarding financial incentives for property seizure.