State lawmakers are looking to remedy a failing grade Delaware received from a think tank last year for its law enforcement friendly civil forfeiture laws by eliminating the program altogether.
If police suspect any of your property – cash, cars or a house – is linked with illegal activity in Delaware – even if you haven’t been convicted of a crime – they can seize it and the onus is on you to prove it’s legitimate in court.
“It’s wrong. You should have to prove that I did something wrong before the government comes and takes my stuff,” said state Sen. Colin Bonini (R-Dover South), one of the chief sponsors of the bill.
If passed, cops could still seize your assets, but the state would have to return it at no cost unless you are convicted.
All money collected under the bill would go to the state’s general fund, instead of the current, opaque Special Law Enforcement Assistance Fund that’s not subject to open records laws.
“One of the reasons to do transparency – just transparency alone – is so you can have confidence when you say, ‘There’s no abuse of the system,’ and we really don’t have the tools to judge,” said Rep. Paul Baumbach (D-Newark), another bill sponsor.
Bonini says that fund collects between $750,000 to $1 million every year, which is supposed to be spent on police activity.
A separate bill introduced Wednesday by Rep. Larry Mitchell (D-Elsmere), a former cop himself, would keep civil forfeiture and make the fund subject to the Freedom of Information Act.
But, police agencies could secretly put in a request for cash while an oversight committee deems whether or not it should be public. If the committee ok’s keeping it private, cops can withdraw the funds without explaining their use.
The committee, half of which are top law enforcement officials, could also say it is public record and give the agency 10 days to back out of the request and keep it hidden.
Activist organizations like ACLU Delaware, Common Cause and the League of Women Voters all support eliminating civil forfeiture, saying it undermines American values.
Both bills will be debated when the General Assembly returns next week.
