ASSET FORFEITURE: NORTH DAKOTA
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Hi, Alan. Nice forfeiture.
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Current Law
North Dakota Reforms Asset Forfeiture, But Federal Loophole Remains
Bill Link: HB1286
Effective Date: 8/1/2019
Overview: A law that reforms the state’s asset forfeiture process and prohibits the state from taking a person’s property without a criminal conviction in most situations went into effect. But the new law leaves a loophole in place allowing police to circumvent stricter state laws by passing cases off to the feds.
Under the new law, the state cannot proceed with asset forfeiture until the owner of the property has been convicted of or plead guilty to a criminal offense in most cases. HB1286 also raises the standard of proof necessary in forfeiture cases to “clear and convincing evidence.”
While HB1286 implements significant reforms, including the requirement of a criminal conviction, a House committee stripped important language from the bill that will render the state reforms largely ineffective if additional steps aren’t taken.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum
has been the industry's standard dummy text ever since the 1500s.
Watch This
4 Essential Steps to Nullify Federal Gun Control
All gun control is a violation of your natural right to keep and bear arms. But the ATF and their partners in local law enforcement aren’t going to stop themselves. When it comes to violations from the federal government, it takes sound strategy – and a lot of fortitude and perseverance on the part of the people. (podcast here)
Essential Reading
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.