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House passes HB 173 to allow forfeiture of equipment used in crimes against children
Summary
The House passed HB 173 after floor amendments narrowing forfeiture to property directly owned by convicted offenders; sponsor Representative Buckner said the bill targets computer equipment used to commit child exploitation offenses and resolves conflicts between law enforcement and courts. Vote: 69-1.
The Utah House on Feb. 7 passed House Bill 173, a measure that would allow courts to forfeit computer equipment used in commission of certain offenses against children.
Representative Buckner, the bill’s sponsor, said the legislation had been narrowed by amendment to focus on property “directly owned by the person convicted” and to remove broader owner-protection language. He described a growing national problem of offenders using computers and the internet to prey on minors and said the bill would align forfeiture authority with judicial sentencing and parole restrictions.
"We don't give back the burglary tools to the man that breaks in your home or your car," Buckner said in floor remarks, arguing that tools used to commit serious crimes should not be returned to perpetrators.
A technical amendment (Amendment No. 1) led by Representative Gladwell removed inadvertent language that would have imposed new burdens on innocent secured parties; Amendment No. 3 clarified the bill’s focus on property tied to the convicted individual. After debate and amendment votes, the House recorded 69 yes votes and 1 no vote. The measure was referred to the Senate for further action.
Supporters said the bill balances victims’ protections and innocent owners’ rights by requiring conviction and by including evidentiary safeguards; opponents and some members voiced concerns historically associated with civil forfeiture and the need for protections for innocent third parties.
The House’s action sends HB 173 to the Senate for consideration.
