Connecticut 2018 Regular Session

Connecticut House Bill HB05398

Introduced
3/1/18  
Refer
3/1/18  
Report Pass
3/20/18  
Report Pass
3/20/18  
Refer
3/29/18  
Report Pass
4/5/18  
Refer
4/10/18  

Caption

An Act Prohibiting State And Local Law Enforcement Agencies From Providing Certain Property To A Federal Agency For The Purpose Of Such Property's Forfeiture.

Impact

The proposed changes would significantly affect the relationship between state and federal law enforcement regarding asset forfeiture processes. Under current laws, local and state agencies often collaborate with federal agencies, which can result in property being forfeited under federal jurisdiction. This bill seeks to alter that dynamic by restricting local agencies from transferring property unless the value significantly exceeds a threshold or under specific legal circumstances. The intent is to protect the rights of property owners and ensure that state laws govern the disposition of seized assets.

Summary

House Bill 05398 aims to prevent state and local law enforcement agencies from providing certain seized property to federal agencies for the purpose of forfeiture. This bill introduces amendments to existing laws governing the forfeiture process, specifically limiting the ability of law enforcement to transfer property to federal authorities, except under certain conditions. In effect, it mandates that property seized from lawful arrests cannot be federally forfeited without the agency meeting specified criteria. The bill's intention is to maintain state control over such properties and ensure that forfeiture aligns with state laws.

Sentiment

The sentiment surrounding HB 05398 appears mixed among legislators and stakeholders. Supporters view the bill positively, arguing that it is a necessary measure to curb federal overreach and to protect individual property rights. They express concerns over the existing forfeiture practices that can, at times, undermine state law and lead to perceived injustices against property owners. Conversely, critics are concerned that limiting the transfer of forfeited assets could hinder effective crime fighting and hurt joint efforts with federal agencies in addressing significant criminal activity.

Contention

Discussion around the bill has highlighted notable points of contention, particularly regarding its implications for joint state-federal law enforcement operations. Critics argue that the bill could complicate and reduce the effectiveness of task forces that rely on federal involvement, especially in combating organized crime and drug trafficking. Meanwhile, proponents assert that the bill would lead to more just outcomes in terms of property rights and help mitigate abuses in the forfeiture process. This dialogue underscores ongoing debates about state autonomy versus federal oversight in law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

CT HB05272

An Act Concerning The Enforcement Of Requirements Imposed By Certain Municipal Approvals And The New Home Construction Guaranty Fund.

CT HB05475

An Act Concerning The Development Of Housing, Challenges To Certain Decisions Of Municipal Agencies, And The Conversion Of Vacant Nursing Homes Into Multifamily Housing.

CT HB05498

An Act Concerning Election Security And Transparency, The Counting Of Absentee Ballots, Absentee Voting For Certain Patients Of Nursing Homes, Security Of Certain Election Workers, State Elections Enforcement Commission Complaints, Ballots Made Available In Languages Other Than English And Various Other Revisions Related To Election Administration.

CT SB00426

An Act Concerning Court Operations And Administrative Proceedings.

CT SB00212

An Act Concerning The Revisor's Technical Corrections To The General Statutes.

CT SB00041

An Act Prohibiting State Agencies From Charging Service Fees For Payments Made By Certain Means.

CT SB00501

An Act Concerning Motor Vehicle Assessments For Property Taxation, Innovation Banks, The Interest On Certain Tax Underpayments, The Assessment On Insurers, School Building Projects, The South Central Connecticut Regional Water Authority Charter And Certain State Historic Preservation Officer Procedures.

CT HB05524

An Act Authorizing And Adjusting Bonds Of The State And Concerning Provisions Related To State And Municipal Tax Administration, General Government And School Building Projects.

CT HB05170

An Act Concerning Training For Members And Employees Of Inland Wetlands Agencies.

CT SB00452

An Act Concerning The Property Tax Appeals Process And The Penalty Related To The Submission Of Income And Expenses Information For Rental Properties.

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HI HB1398

Relating To Property.