Asset Forfeiture


Following nationwide news reports on the extreme abuses of civil forfeiture, my Democrat colleague from Billings, Rep. Kelly McCarthy, introduced a bill in the 2015 Montana Legislature to reform our asset forfeiture laws.

The bill successfully passed the legislature and was signed into law by the governor.

Bill highlights:

•Requires a criminal conviction before seized property can be forfeited (does not affect the seizure side of the operation).
•Reestablishes a presumption of innocence.
•Protects innocent joint property owners.
•Requires proof by clear and convincing evidence that seized property was connected to a crime.

The text of the bill can be found here.

The full page about the bill can be found here.