Senate committee backs asset-forfeiture reform requiring conviction in most cases

Senate Bill 308, the Veil Asset Forfeiture Reform Act, won committee approval following presentations from its sponsor and multiple law-enforcement and defense witnesses.

Sen. Hester told the committee the bill shifts most civil forfeiture under the state's Uniform Controlled Substances Act to require a felony conviction before property may be forfeited, with narrow exceptions such as plea bargains or deportation. "We're changing that from a preponderance of evidence to ... you have to be convicted of a felony to have any of your assets forfeited," Hester said.

Supporters at the table included Nathan Smith, prosecuting attorney in Benton County, and Bob McMahon of the prosecutor coordinator's office, who said the change balances due-process concerns with law-enforcement interests in ensuring the state can still "take the profit out of crime" when people are guilty. Defense attorneys also spoke in favor; Jeff Volk, representing the Arkansas Association of Criminal Defense Lawyers, cited recent U.S. Supreme Court guidance on excessive fines and urged higher standards before taking property.

Committee members questioned case-processing issues such as how assets are held between arrest and adjudication and whether estates could be targeted. Prosecutors clarified seized assets are retained by the seizing agency pending a judge's decision and said the current process is unchanged in practical steps but adjusted in timing and proof standards.

After brief discussion and no opponents on record, the committee passed SB 308 by voice vote.

The committee transcript does not include a roll-call tally; the motion was recorded as carried by voice vote.