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May 17, 2001 Governor signs criminal forfeiture bill into law Jefferson City -- Governor Bob Holden has signed into law legislation that will require law enforcement organizations to forward all proceeds from criminal activity seizures to a special school building fund. Missouri Speaker of the House Jim Kreider, D-Nixa, handler of the bill and sponsor of a similar House version, said this bill will clarify at what point seizures take place, and will help protect the integrity of law enforcement officers in the state by giving them clear guidelines in forfeiture cases. In addition, he said, it will also ensure that seized assets are used for their constitutionally-mandated use -- the school building fund. “This is the right thing to do – this bill is pro law enforcement,†said Speaker Kreider. “The Constitution in this state, which we were all sworn to uphold, clearly says that these monies are to go toward education.†Current law states that asset forfeitures, primarily in drug-related cases, are to be dedicated to schools in Missouri. But the law also allows local law enforcement entities to bring in federal law enforcement authorities to seize the assets – who in turn return the majority of the seized property to the local entity. The new law would require a judge’s approval before seized property could be transferred to a federal agency. The new law would also require law enforcement to report all seizures to the local prosecuting attorney or state attorney general, and all law enforcement agencies using the federal forfeiture system would be required to file an annual audit with the state auditor’s office. Failure to comply with the auditing requirement would be a Class A misdemeanor, punishable by a fine up to $1,000. “By giving our law enforcement agencies clear guidelines and procedures for disposing and accounting for seized property, we will be preserving the integrity of our law enforcement community and providing important checks and balances,†said Speaker Kreider. “And at the same time, we will be providing a substantial deterrent to drug trafficking in our state and helping out our schools. I think everyone wins by the passage of this piece of legislation.†Senator Harry Wiggins, D-Kansas City, sponsored senate Bill 5, the Criminal Activity and Forfeiture Act (CAFA). The new law takes affect August 28. | |||||
Paid for by Kreider for Senator.
Bobby Neal Jr., Treasurer. Not at taxpayer's expense.
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