House passes HB 22 tightening civil asset‑forfeiture procedures and strengthening protections for property owners

Representative Green presented HB 22 as a package of reforms intended to restore and strengthen citizen protections in Utah’s civil asset‑forfeiture law. He said the bill narrows the definition of property subject to forfeiture by requiring a direct nexus between the property and alleged criminal conduct, improves innocent‑owner protections by removing implied duties to prevent third‑party misuse, and permits successful claimants to recover full costs of defense rather than a capped percentage.

Scope and details: Green said a majority of forfeiture actions have relatively low asset values—citing a CCJJ figure that roughly 69.2% of forfeitures in 2014 involved assets valued at $5,000 or less—and argued the present cost structure discourages owners from seeking to reclaim property. Under HB 22, the state must identify the direct nexus between property and alleged wrongdoing and the statute expands remedies for prevailing owners; the bill does not change criminal asset‑forfeiture procedures.

Support and concern: Sponsor asserted the bill does not eliminate forfeiture but reduces overreach and restores due‑process protections that voters demanded in a citizen initiative approved previously. Representative Green said the bill redirects civil forfeiture funds to the school fund. No floor amendments were offered and the sponsor waived summation.

Vote and next steps: The House passed HB 22, 56–17. The bill will be transmitted to the Senate for further consideration.