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Split views as Senate committee hears sweeping civil forfeiture overhaul; sponsor agrees to revise bill
Summary
Senator Clark’s SB197, which would move many forfeitures into the criminal process, raise minimum seizure thresholds and require conviction before forfeiture, drew strong opposition from law enforcement, prosecutors and sheriffs and support from defense and public‑defender advocates. After hours of testimony, the sponsor agreed to pull the bill to negotiate changes.
Senator Clark told the Senate Judiciary Committee he filed SB197 to curb what he called unjust seizures of small-value property and to align forfeiture practice with Fourth Amendment protections. "SB 197 ends civil forfeiture," Clark said, summarizing a central change: moving many forfeiture actions into the criminal court and requiring conviction before the state may forfeit property in most cases.
The sponsor and supporters described a recurring problem of low-dollar seizures that cost owners more to litigate than the property’s value. Clark cited committee hearing figures showing that roughly 62 percent of seizures since 2010 were under $1,000 and nearly 90 percent were below $5,000. The bill would set minimums (no seizure for cash under $200, vehicles under $2,000) and flip certain procedural burdens so government must prove wrongdoing after conviction,…
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