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Rhode Island Committee Holds Hearing on Bill to Require Conviction for Asset Forfeiture, Opt State Out of Federal Program
PROVIDENCE, R.I. (May 25, 2021) – Yesterday, a Rhode Island Senate committee held a hearing on a bill that would reform the state’s asset forfeiture laws to require a criminal conviction in most cases, and also opt the state out of a federal asset forfeiture program known as “equitable sharing.”
A coalition of five Democrats introduced Senate Bill 732 (S732) on March 26. Under the proposed law, prosecutors would not be able to move forward with asset forfeiture proceedings without first obtaining a criminal conviction in most cases. The legislation would also raise the standard of proof necessary to complete forfeiture from a preponderance of evidence to clear and convincing evidence.
AUGUSTA, Maine (May 17, 2021) – A bill introduced in the Maine House would reform the state’s asset forfeiture laws to require a criminal conviction in most cases, and also opt the state out of a federal asset forfeiture program known as “equitable sharing.”
Rep. William Faulkingham (R-Winter Harbor) along with two fellow Republicans, four Democrats and a Libertarian, introduced House Bill 1521 (LD1521) on April 15. The legislation would require a criminal conviction before prosecutors could proceed with asset forfeiture.
Passage of the bill would also effectively opt Maine out of a federal program that allows state and local police to get around more strict state asset forfeiture laws. This is particularly important in light of a policy directive issued in July 2017 by then-Attorney General Jeff Sessions for the Department of Justice (DOJ) that remains in effect today.