H.B. 5398, An Act Prohibiting State and Local Law Enforcement Agencies from Providing Certain Property to a Federal Agency for the Purpose of Such Property's Forfeiture

  • Status: Pending
  • Position: Support
  • Bill Number: H.B. 5398
  • Session: 2018
  • Latest Update: March 6, 2018
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In 2017, the Connecticut legislature unanimously passed a bill into law that allows Connecticut prosecutors to use civil asset forfeiture to keep someone's property only after that person has been convicted of a crime, and if the property is related to that conviction. A loophole, however, could allow local law enforcement to confiscate people's property through the federal asset forfeiture program, also known as the equitable sharing program, without that conviction requirement. This bill would close that loophole. Seven other states and the District of Columbia have passed laws to stop law enforcement from circumventing state asset forfeiture laws by using the federal program, and Connecticut should be next. It is important for the legislature to act this session to ensure that law enforcement follows the meaningful due process protections the legislature passed last year.

2017 Year in Review

This year has been an unprecedented test of America's democracy, but civil liberties supporters have given us hope for the future of freedom, justice, and equality in Connecticut. Read and download the ACLU of Connecticut's year in review for a look back at 2017--and a look at what's ahead.

ACLU-CT 2017 year in review / annual report. Purple map of Connecticut with we the people

Stopping Civil Asset Forfeiture

Civil asset forfeiture allows the government to take and sell someone’s property without ever charging them with a crime. Taking innocent people’s assets is unacceptable and unconstitutional, but it is happening in Connecticut. From 2009 to 2013, there were more than 3,700 civil asset forfeiture cases in our state. In 2017, we successfully advocated for legislation to fix civil asset forfeiture in our state. Under a proposal signed into law by Governor Malloy, the state will only be allowed to confiscate property that was related to a criminal conviction.

Video image still from ACLU of Connecticut civil asset forfeiture reform guide