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the Utah House unanimously gave final approval to a bill that would reform the state’s asset forfeiture laws and opt out of a federal program that allows state and local police to circumvent tighter state asset forfeiture laws by passing cases off to the feds.
OLYMPIA, Wash. (Feb. 24, 2021) – Last week, a second Washington state House committee passed a bill that would create a process to sue police officers in state court for using excessive force or taking other actions that violate individual rights without the possibility of “qualified immunity” as a defense.
A coalition of 23 Democrats introduced House Bill 1202 (HB1202) on Jan. 14. The legislation would create a cause of action for “any person injured in person or property by a peace officer acting under color of authority” to sue the offending officer and the department he works for in state court. Actions that would give cause include “conduct that under civil law constitutes an assault, battery, intentional infliction of emotional distress, false imprisonment, false arrest, malicious prosecution, intentional trespass, or conversion.” It would also cover “a detention, traffic stop, search, seizure, or entry into a home that is unlawful under the state Constitution,
A bill introduced in the West Virginia House would reform the state’s asset forfeiture laws and prohibit the state from taking a person’s property without a criminal conviction. The proposed law would also opt West Virginia out of a federal program that allows police to bypass more strict state asset forfeiture laws.
On Tuesday, a Hawaii Senate committee passed a bill that would reform asset forfeiture laws to prohibit the state from taking property without a criminal conviction in most cases. But the legislation leaves a loophole open that allows police to circumvent stricter state laws by passing cases off to the feds.